Darzi Group Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application for approval of a nomination for a Chef position under the Direct Entry stream, brought by Darzi Group Pty Ltd. The dispute concerned whether the nominator, operating a group of restaurants in regional New South Wales, met the requirements for approving the nomination, particularly in light of previous adverse information concerning underpayments, a financial penalty, and a sponsorship bar.

The primary legal issue before the Tribunal was whether the nominator satisfied the criteria for approving the nomination under regulation 5.19(4) of the Migration Regulations. This required the Tribunal to assess the size, scope, and financial performance of the business group, as well as the nominee's performance in the proposed position. Crucially, the Tribunal had to determine if it was reasonable to disregard the previous adverse information, given the measures taken by the nominator to avoid further breaches and the subsequent cessation of the bar and approval of a new sponsorship.

The Tribunal reasoned that the nominator, comprising three restaurants under different entities but ultimately controlled by the same beneficiaries and directors, demonstrated sufficient size and scope. Evidence regarding the business operations, including employee arrangements and the rebranding of venues, was considered. The Tribunal was satisfied that the nominator met the requirements of regulation 5.19, finding it reasonable to disregard the prior adverse findings due to subsequent remedial actions and the expiry of the sponsorship bar.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination for the Chef position.