C & C Si Tu (Migration)

This matter concerned an application for approval of a nomination of a position under the Direct Entry stream, brought before the Administrative Appeals Tribunal. The applicant sought to have a decision reviewed that had refused to approve the nomination of a chef position for Ms Thanh Huyen Bui.

The Tribunal was required to determine whether the applicant met all the requirements for the approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if there was any adverse information known to Immigration, if there was satisfactory compliance with workplace relations laws, and crucially, whether there was a genuine need for the nominated position and if the tasks of the position corresponded to an occupation specified by the Minister.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the required certification. It was satisfied that the nominator was actively and lawfully operating a restaurant business in Australia, as evidenced by financial statements and its online presence. Furthermore, no adverse information was known to Immigration, and the nominator had a satisfactory record of compliance with workplace relations laws. Regarding the nominated position, the Tribunal was satisfied that the nominee was undertaking the role of a chef and that the tasks performed corresponded to those of an ANZSCO 351311 Chef. The Tribunal concluded that the applicant had met all the necessary requirements under regulation 5.19(4).

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