G CAPITAL NO. 3 TRADING PTY LTD ATF G CAPITAL NO. 3 TRADING TRUST (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by G CAPITAL NO. 3 TRADING PTY LTD ATF G CAPITAL NO. 3 TRADING TRUST for approval of a nomination for a restaurant manager position under the medium-term stream. The dispute centred on whether the nominated position met the regulatory requirements for approval.

The Tribunal was required to determine if the nominated position was genuine and full-time, as stipulated by regulation 2.72(10) of the Migration Regulations 1994. This involved assessing whether the applicant had provided sufficient current information to satisfy the Tribunal that a genuine need for a full-time restaurant manager existed for the business.

The Tribunal affirmed the decision to refuse the nomination. While acknowledging that a restaurant manager position would likely be required for a restaurant, the Tribunal noted the absence of recent information regarding the applicant's current business operations, employee numbers, or hours of operation. Despite an invitation to provide updated information, none was received. Consequently, the Tribunal was not satisfied that the position remained full-time, nor that it was reasonable to disregard this requirement, leading to the conclusion that the criteria under regulation 2.72(10) were not met. The Tribunal therefore affirmed the decision not to approve the nomination.