HURRICANES CORPORATE SERVICES PTY LTD (Migration)

This matter concerned an application by Hurricanes Corporate Services Pty Ltd for approval of a nomination for a Cafe or Restaurant Manager position, with Mr Ravi Kumar Kandal as the nominated visa applicant. The core dispute revolved around whether the nominated position was genuine, as required by Regulation 2.72(10)(f) of the Migration Regulations 1994. The applicant had lodged the nomination application on 2 May 2017, proposing a base salary of $60,000 per annum.

The Tribunal was required to determine if the nominated position genuinely reflected the duties of a Cafe or Restaurant Manager as described in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This involved a qualitative assessment of the proposed duties against the ANZSCO description to ascertain if the role was genuine, a principle upheld in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The applicant provided a list of duties for the nominated position, which included responsibilities such as ensuring staff availability, stock management, training, customer service, and financial record-keeping.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not satisfied the criteria for approval. The reasoning focused on the genuineness of the nominated position. While the applicant listed numerous duties, the Tribunal implicitly found that these duties, when considered in their totality and in the context of the business's operational status (operating at a loss or modest profit, potentially impacted by coronavirus restrictions), did not align sufficiently with the core functions of a Cafe or Restaurant Manager as defined by ANZSCO. The Tribunal concluded that the position, as presented, was not genuine, leading to the affirmation of the original decision.