Grill'd Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination dispute involving Grill'd Pty Ltd and a proposed employee, Miss Grace Michele Roberts, for a Restaurant Manager position under the Direct Entry stream of the Subclass 187 visa. The core of the dispute revolved around whether Grill'd Pty Ltd met the regulatory requirements for approving the nomination, which had been initially refused.

The Tribunal was tasked with determining if the nomination application satisfied the criteria outlined in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess whether the application was in the approved form, identified a genuine need for a paid employee under the nominator's direct control, and if the nominator was actively and lawfully operating a business in Australia. Further considerations included whether the business activities of the nominator involved labour hire, if there was any adverse information known to Immigration, and if the nominator had a satisfactory record of compliance with workplace relations laws. Crucially, the Tribunal had to examine whether the tasks of the nominated position aligned with the relevant ANZSCO code and if there was a genuine need for the position in regional Australia that could not be filled by a local Australian citizen or permanent resident.

The Tribunal found that Grill'd Pty Ltd had lodged a compliant application, paid the required fee, and identified a need for a paid employee under its direct control for the nominated Restaurant Manager position, which corresponded to the ANZSCO occupation of Retail Manager (142111) with a Fast Food Manager specialisation. Evidence, including ASIC checks and financial records, demonstrated that Grill'd Pty Ltd was actively and lawfully operating its business, directly controlling the restaurant where the nominee would be employed. The Tribunal also noted the absence of evidence suggesting the business engaged in labour hire to unrelated entities, and that no adverse information was known to Immigration concerning the nominator. Furthermore, Grill'd Pty Ltd had a satisfactory record of compliance with workplace relations laws. The Tribunal was satisfied that the tasks of the position aligned with the relevant ANZSCO occupation and that there was a genuine need for the position in regional Australia, which could not be filled by a local Australian citizen or permanent resident.

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