Ginger N Garlic Curry House Pty Ltd (Migration)

This matter concerned an application by Ginger N Garlic Curry House Pty Ltd for approval of a nominated position under the Temporary Residence Transition nomination stream. The dispute arose from a decision that the applicant did not meet the requirements for approval. The case was heard by Glenn O'Brien, a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant, Ginger N Garlic Curry House Pty Ltd, satisfied all the requirements of regulation 5.19(3) of the Migration Regulations 1994 for the approval of a nominated position under the Temporary Residence Transition nomination stream. This involved assessing whether the application was compliant, the status of the nominator as an actively and lawfully operating business, and whether the nominee met the criteria for employment and visa history.

The Tribunal reasoned that the application was made in the approved form, with the prescribed fee, and included the necessary certification. It was satisfied that the nominator was actively and lawfully operating a business in Australia, specifically a restaurant trading as ‘Goa Indian Fusion’ which had experienced substantial business growth, particularly in its take-away operations. The Tribunal found that the nominated occupation for a cook (ANZSCO Code 351411) was the same as that held by the nominee on a Subclass 457 visa, meeting the 4-digit occupation code requirement. Based on these findings, the Tribunal concluded that the applicant met the requirements of regulation 5.19.

The Tribunal set aside the original decision and substituted a decision approving the nomination.