Immigration New Zealand raised concerns about our clients application for residence under the Skilled Migrant Category, stating that their role did not substantially match the ANZSCO description and core tasks for the occupation of Retail Manager. Without points awarded for skilled employment, they did not meet the 160 point requirement to apply for residence under SMC, and their application was declined. We appealed to the IPT on our clients behalf, successfully arguing that INZ incorrectly declined the application.
Our client was employed as a Retail Manager at a petrol station, and was responsible for a number of managerial tasks. The IPT agreed with our argument that the client had provided a good amount of evidence to show they was performing the tasks required by ANZSCO for a Retail Manager.
The biggest issue of the case was that INZ believed that the supply agreement between the fuel retailer and the business meant that the employer was bound by this agreement in all aspects of the business (like a franchise). However, INZ had failed to take into account the very specific nature of the agreement, and the fact that the supply agreement was limited to the sale and supply of fuel and fuel products. This limited supply agreement meant that the business retained autonomy in all other business functions.
Finally, it was found that the Immigration Officer reviewing the case had not given our client an adequate opportunity to comment on the concerns that were ultimately used as a reason to decline the application.
The IPT decision notes that Immigration New Zealand is obligated to inform applicants of information that may be harmful to their case and to give them a reasonable opportunity to respond to such concerns. This is the basis of the natural justice principles which govern INZ’s decision making process. This did not occur in our clients case, and we fought hard for a good outcome in this situation.