Exotic Pizza Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Exotic Pizza Pty Ltd concerning the refusal of a nomination for a position. The core of the dispute was whether the nominated occupation, "Cook," met the relevant criteria under the Migration Regulations 1994, particularly in light of an "inapplicability condition" introduced in 2017.

The legal issues before the Tribunal were whether the nominated occupation of "Cook" corresponded to an occupation and its 6-digit code specified in the relevant instrument (IMMI 17/060), and whether the occupation was applicable to the person identified in the nomination. Specifically, the Tribunal had to determine if the nominated position fell within the "inapplicability conditions" for the occupation of "Cook," which included being involved in mass production in a factory setting or being in a limited service restaurant.

The Tribunal affirmed the decision to refuse the nomination. It reasoned that the nominated occupation of "Cook" was subject to an inapplicability condition, meaning it was not suitable for positions in limited service restaurants or those involved in mass production. The delegate's assessment, which found the nominated tasks aligned with a fast-food cook in a fast-food or takeaway service, was not contradicted by the evidence. The Tribunal noted that the provided documentation, including job descriptions and business agreements, was over 2.5 years old and substantially out of date. Despite an invitation to provide recent information demonstrating how the nominated occupation met the criteria, no such information was submitted. Consequently, the Tribunal was not satisfied that the applicant met the applicable criteria for the nomination to be approved.