Exotic Pizza Pty Ltd (Migration)

This matter concerned an appeal by Exotic Pizza Pty Ltd against the decision to refuse the approval of its nomination for a fast food cook position. The Tribunal, presided over by Member Karen Synon, was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The central legal issue was whether the nominated occupation of 'Cook' satisfied the requirements of subclause 2.72(10)(aa) of the Migration Regulations 1994, particularly in light of an "inapplicability condition" introduced on 19 April 2017 and further amended on 1 July 2017. This condition stipulated that the nominated occupation must not be involved in mass production in a factory setting or be in a limited service restaurant.

The Tribunal affirmed the decision to refuse the nomination. It reasoned that the nominated position of 'Cook' was subject to an inapplicability condition, specifically that the position should not be in a limited service restaurant. Based on the evidence, including the job description and other supporting documents, the Tribunal found that the tasks involved in the nominated role aligned with a standardised format typical of fast food or takeaway services. This was evidenced by the nature of the cooking equipment used, the lack of requirement for the nominee to season food or prepare garnishes, and the typical customer ordering and payment process. In the absence of any submissions to the contrary, the Tribunal concluded that the applicant had not demonstrated that the nominated position met the specified criteria.