H Chander & L.N D'Souza (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nomination for a position under the Direct Entry stream. The applicant sought approval for a nominated position as a café or restaurant manager, which had been refused by the delegate. The delegate's decision asserted that the nominee was not performing the full duties of a café or restaurant manager, but rather those of a supervisor, due to the scale and financial profile of the business.

The Tribunal was required to determine whether the nominated position's tasks corresponded to those of a café or restaurant manager as defined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO), whether there was a genuine need for the nominee to be employed in the position, and whether the position could not be filled by a local citizen or permanent resident. Additionally, the Tribunal considered requirements relating to the absence of adverse information about the nominator and satisfactory compliance with workplace relations laws.

The Tribunal considered extensive documentary evidence, including financial statements, employment records, and a skills assessment from VETASSESS, as well as oral evidence. It found that the nominee possessed a relevant qualification and that the business, operating two Indian restaurants, had made genuine efforts to recruit locally without success. The Tribunal concluded that the tasks of the nominated position aligned with the ANZSCO description of a café or restaurant manager and that there was a genuine need for the nominee. Furthermore, the Tribunal was satisfied that the nominator had no adverse information known to Immigration and had a satisfactory record of compliance with workplace relations laws.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.