Cafe Citrus Properties Pty Ltd (Migration)

The case involved an application by Cafe Citrus Properties Pty Ltd for the approval of a nomination for a Subclass 482 visa. The applicant sought to nominate Ms Salma Baral for the occupation of Café or Restaurant Manager. The core dispute concerned whether the applicant met the various criteria prescribed by the Migration Regulations 1994 for the approval of such a nomination.

The Tribunal was required to determine if the applicant had complied with the prescribed nomination process, if there was any adverse information known to Immigration concerning the applicant or associated persons, and if the applicant was a standard business sponsor. Further, the Tribunal had to consider whether any debts under section 140ZO of the Act had been paid, and whether the nominated occupation, Café or Restaurant Manager (ANZSCO 141111), was specified in the relevant legislative instrument, IMMI 18/048, and if any applicable caveats were met.

The Tribunal found that the applicant had lodged the nomination on the approved form, identified the location of employment, paid the prescribed fees including the nomination training contribution charge, and provided the necessary certifications, thereby satisfying regulation 2.72(3). It was also satisfied that no adverse information was known to Immigration, that the applicant was an approved standard business sponsor, and that there was no evidence of any relevant debt under section 140ZO, fulfilling regulations 2.72(4), 2.72(5), and 2.72(5A) respectively. While the nominated occupation had an inapplicability condition related to limited service restaurants, the Tribunal was satisfied that the applicant met all applicable criteria for the nomination to be approved.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.