FRUITOLOGIST ROZELLE PTY LTD (Migration)

This matter concerned an application by Fruitologist Rozelle Pty Ltd for approval of a nomination for a Subclass 457 visa. The nominated occupation was Restaurant Manager. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine.

The primary legal issue before the Tribunal was whether the nominated position of Restaurant Manager was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. The applicant had provided a profit and loss statement indicating the business was experiencing reasonable losses, which the Tribunal considered in its assessment of the genuineness of the position.

The Tribunal affirmed the decision to refuse the nomination. It reasoned that the applicant had not satisfied the criteria for approval of the nomination, particularly the requirement that the nominated position be genuine. While the applicant described a business offering retail and online sales of high-end produce, alongside a cafe restaurant section, the financial information presented, showing reasonable losses, was a significant factor in the Tribunal's assessment of the genuineness of the need for a full-time Restaurant Manager. The Tribunal concluded that it was not satisfied that the applicant met the applicable criteria for the nomination to be approved.