CHOUKETTE PTY LTD (Migration)

This matter concerned an application by Choukette Pty Ltd for approval of a nomination for a visa, which was reviewed by the Administrative Appeals Tribunal. The dispute centred on whether the nominated occupation, Café or restaurant manager, met the criteria stipulated in the relevant legislative instrument, IMMI 18/048, and whether the applicant had provided the necessary information within the prescribed period. The Tribunal was required to determine if the applicant satisfied the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 and Regulation 2.72 of the Migration Regulations 1994.

The Tribunal's reasoning focused on Regulation 2.72(8), which mandates that the nominated occupation and its corresponding 6-digit code must align with those specified in the operative legislative instrument. In this instance, the nominated occupation of Café or restaurant manager was subject to an inapplicability condition, specifically condition number 8, which applied to limited service restaurants. The instrument defined limited service restaurants broadly to include various types of establishments, such as fast food services, fast casual restaurants, drinking establishments with limited food service, and limited service cafés. Despite the applicant's description of Choukette as a fine pastry food establishment, the Tribunal found that the nominated occupation fell within the scope of the inapplicability condition. Furthermore, the Tribunal noted that while the applicant had lost the right to a hearing, a letter from the nominee, Mr Gaetan Chapon, indicated an intention not to contest the delegate's decision, suggesting a lack of intent to proceed with the application.

Ultimately, the Tribunal was not satisfied that the applicant met the applicable criteria for the nomination to be approved. Consequently, the decision under review to refuse the nomination was affirmed.