Acecorp Security Australia Pty Ltd (Migration)

This matter concerned an application by Acecorp Security Australia Pty Ltd for approval of a nomination for a position. The dispute centred on whether the nominated occupation of Café/Restaurant Manager corresponded to an occupation specified by the Minister, particularly in light of the definition of a "limited service restaurant" under the relevant instrument, IMMI 18/004. The Tribunal was required to determine if the applicant's business operations and the proposed duties of the nominee met the criteria for approval.

The core legal issue before the Tribunal was whether the nominated position of Café/Restaurant Manager was located in a "limited service restaurant" as defined by the Migration Regulations 1994, specifically under IMMI 18/004. This definition includes categories such as fast food or takeaway services, fast casual restaurants, drinking establishments with limited food service, and limited service cafes. If the nominated position was found to be in such an establishment, it would be considered inapplicable, meaning it would not correspond to an occupation specified by the Minister, thereby preventing the approval of the nomination.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant's business, which had transitioned from a "Nutrition Station" to the "Leaf & Grind Café," likely fell within the definition of a limited service restaurant. The Tribunal noted the business's transformation and the nature of its operations, which appeared to align with the characteristics of a fast casual or limited service cafe. The Tribunal applied the criteria set out in regulation 2.72 of the Migration Regulations 1994, specifically the inapplicability condition for Café or Restaurant Manager positions in limited service restaurants. The Tribunal concluded that the applicant had not satisfied the requirements for the nomination to be approved.