AZOOBA THE FOOD WONDERLAND PTY LTD (Migration)

This matter concerned an application by AZOOBA THE FOOD WONDERLAND PTY LTD for approval of a nominated position under the Migration Regulations 1994. The applicant sought to nominate a Chef position under the Direct Entry stream of the Subclass 186 visa. The decision reviewed was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the applicant met the general requirements for approval of a nomination under regulation 5.19(4) and the specific requirements for the Direct Entry stream under regulation 5.19(9). This involved assessing whether the application was made in accordance with the prescribed form and requirements, whether there was any adverse information known to Immigration about the nominator, and crucially, whether there was a genuine need for the nominated position and if the nominee performed tasks consistent with the specified occupation.

The Tribunal considered the evidence and relevant regulations. It found that the application complied with the procedural requirements of regulation 5.19(2) and that there was no adverse information known to Immigration that could not be disregarded, satisfying regulation 5.19(4)(b). The Tribunal also addressed the specific requirements for the Direct Entry stream, including the nominator's business operations and the genuine need for the position. While the nominee performed some tasks of a Cook, the Tribunal was satisfied that the core duties aligned with the specified occupation of Chef, and that the nominator operated two large Indian/Pakistani restaurants, indicating a genuine need for such a role.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.