Fiusion Pizza & More Pty Ltd (Migration)

This matter concerned an appeal by Fiusion Pizza & More Pty Ltd against a decision to refuse its nomination for a Subclass 457 visa. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically in relation to the nominated occupation of Chef (ANZSCO 351311).

The central legal issue was whether the nominated position for a Chef was applicable under the relevant legislative instrument, IMMI 17/060. This instrument specified that the occupation of Chef was not applicable if the nominated position was in a "limited service restaurant," which included a "limited service pizza restaurant." The Tribunal had to consider the definition of a limited service restaurant and whether Fiusion Pizza & More Pty Ltd's operations fell within that definition.

The Tribunal reasoned that the applicant's business operated primarily as a takeaway pizza outlet, offered very limited seating, did not provide full table service, and did not possess a full commercial kitchen. These characteristics aligned with the definition of a "limited service pizza restaurant" as outlined in IMMI 17/060. Consequently, the Tribunal found that the inapplicability condition applied to the nominated occupation, meaning the applicant did not meet the requirements of regulation 2.72(10)(aa) of the Migration Regulations 1994.

The Tribunal affirmed the decision to refuse the nomination.