Dari's Kitchen Pty Limited (Migration)

The Administrative Appeals Tribunal (AAT) considered a nomination dispute involving Dari's Kitchen Pty Limited as the nominator and Mr. Jovan Morada as the proposed visa applicant. The core of the dispute concerned whether Dari's Kitchen Pty Limited met the criteria for approving a nomination for a Supply and Distribution Manager position under the Migration Regulations 1994. The AAT was tasked with determining if the nomination complied with all applicable regulations, particularly in light of a previous decision that had been set aside by the Federal Circuit and Family Court of Australia.

The legal issues before the Tribunal included whether the nominator was an approved sponsor, if the nomination was made in accordance with the prescribed process, and if there was any adverse information known to Immigration concerning the applicant or associated persons. The Tribunal also had to consider whether the nominated occupation corresponded to a specified occupation in the relevant instrument and if the terms and conditions of employment for the nominee were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. A key aspect of the determination involved assessing whether a previous bankruptcy of the company director constituted adverse information under the regulations in force at the time of the nomination.

The Tribunal reasoned that the nominator, Dari's Kitchen Pty Limited, was a Standard Business Sponsor with a valid sponsorship. It found that the nomination was lodged using the approved form, identified the proposed applicant, and included all necessary details such as the occupation code and location. Crucially, the Tribunal determined that the previous bankruptcy of the director, which occurred more than 15 years prior to the application, did not constitute adverse information under the applicable regulations, as the regulations required such an event to have occurred within the preceding three years. The Tribunal also confirmed that the nominated occupation, Supply and Distribution Manager (ANZSCO 133611), was listed in the relevant instrument (IMMI 17/060) and was applicable to the proposed nominee. Furthermore, the terms and conditions of employment offered were found to be no less favourable than those for an equivalent Australian worker.

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