Dari's Kitchen Pty Limited (Migration)

The Administrative Appeals Tribunal considered an application by Dari's Kitchen Pty Limited for approval of a nomination for the occupation of Manufacturer (ANZSCO code 133411) under the short-term stream. The delegate had previously refused to approve the nomination, finding that the applicant had not provided sufficient evidence that the core activities of the business matched the duties and responsibilities of the nominated occupation, particularly in relation to the brand "Pilpel Fine Foods".

The Tribunal was required to determine whether Dari's Kitchen Pty Limited met 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. This involved assessing whether the nominated position was genuine and full-time, whether the applicant was an approved sponsor, whether any debts had been paid, and whether the nominated occupation corresponded to a specified occupation in the relevant legislative instrument.

The Tribunal found that Dari's Kitchen Pty Limited had provided substantial evidence of its financial standing, with significant sales and profits in recent financial years. It also presented an organisational chart demonstrating a broad range of employees across various departments, including production, and a detailed job description for the nominated Manufacturer role. The Tribunal was satisfied that the nominated occupation of Manufacturer (ANZSCO code 133411) was specified in the relevant instrument (IMMI 18/051) and that the provided job description and the company's operational structure aligned with the requirements of the role. Furthermore, the Tribunal confirmed that the applicant was a standard business sponsor, had no known adverse information, and had paid any applicable debts.

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