Cuppa Haven Pty Ltd (Migration)

This matter concerned an appeal by Cuppa Haven Pty Ltd against a decision to refuse the nomination of a position for a visa. The nominated occupation was Café or Restaurant Manager (ANZSCO code 141111) under the Short-term stream. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically in relation to the occupation's caveats and the genuineness and full-time nature of the nominated position.

The primary legal issue was whether the nominated occupation, Café or Restaurant Manager, was excluded from approval due to its location within a limited service restaurant, as defined by LIN 19/048. This instrument specifies that a limited service restaurant includes a fast casual restaurant. The Tribunal also considered whether the nominated position was genuine and full-time, noting that the business was no longer operating.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant's business, previously operating as Perk Up Café, was a fast casual restaurant, which fell within the definition of a limited service restaurant under LIN 19/048. This meant the nominated occupation was excluded from approval due to the caveat in item 8 of LIN 19/048. Furthermore, the Tribunal was not satisfied that the position was genuine and full-time, particularly given that the business was no longer operating.

The Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved and therefore affirmed the decision under review.