Dimattina Coffee WA PTY LTD (Migration)

This matter concerned an application by Dimattina Coffee WA PTY LTD for approval of a nomination for a position under the Direct Entry stream of the Subclass 186 visa. The applicant sought to have the decision of the Department of Home Affairs, which refused to approve the nomination, set aside. The Tribunal was required to determine whether the applicant met the general and stream-specific requirements for approval of the nomination as set out in regulation 5.19 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the application was made in accordance with the prescribed form and requirements, whether the nominator had a satisfactory record of compliance with employment laws, whether there was a genuine need for the nominated position, and whether the nominee's tasks and responsibilities aligned with the ANZSCO description for a Chef. The Tribunal also considered whether the nominator was actively and lawfully operating a business in Australia and if there were any mandatory licensing or registration requirements for the nominated occupation.

The Tribunal found that the application met all the formal requirements, including the correct form, identification of the position and nominee, and payment of the required fees and charges. It was satisfied that the nominator had a satisfactory record of compliance with employment laws and that there were no mandatory licensing or registration requirements for a Chef in Western Australia. Crucially, the Tribunal considered additional documentary evidence provided by the applicant, which demonstrated a genuine need for the nominee's employment as a Chef, noting a skills shortage in the sector. The Tribunal concluded that the nominee's duties corresponded to the ANZSCO description for a Chef and that the nominator was actively and lawfully operating its business.

Consequently, the Tribunal set aside the decision under review and substituted a decision approving the nomination.