Bread 4U Pty Ltd (Migration)

This matter concerned an application by Bread 4U Pty Ltd (the applicant) to have a nomination approved. The applicant sought to nominate an individual for the occupation of Café or Restaurant Manager (ANZSCO Code 141111). The decision was made by K. Chapman, Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for approval of the nomination, specifically concerning its status as a sponsor and the applicability of the nominated occupation. This involved determining if the applicant was a standard business sponsor or a party to a work agreement, and whether the nominated occupation, Café or Restaurant Manager, was subject to an inapplicability condition that precluded its approval. The Tribunal was required to consider the evidence provided by the applicant and the relevant provisions of the Migration Regulations 1994.

The Tribunal found that the applicant was not currently a standard business sponsor, as its previous sponsorship approval had lapsed, and there was no evidence of a current work agreement. Furthermore, the nominated occupation of Café or Restaurant Manager had an inapplicability condition attached, specifying that it did not apply to positions in limited service restaurants, which included fast food or takeaway food services and fast casual restaurants. Based on the available evidence, including photographs and menus, the Tribunal concluded that the applicant operated a fast casual restaurant, not a full-service restaurant, and therefore the inapplicability condition was met. The Tribunal noted the applicant's failure to respond to invitations to provide further information or comment on these issues.

The Tribunal affirmed the decision under review to refuse the nomination.