L K F Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by L K F Pty Ltd concerning the approval of a nomination under the Temporary Residence Transition stream. The dispute centred on whether the applicant, Ms Thi Thuy Thai, met the requirements for the occupation of Café or Restaurant Manager, specifically regarding her previous employment and the nominator's business operations and training commitments.

The Tribunal was required to determine if the application for approval met the criteria set out in regulation 5.19(3) of the Migration Regulations 1994. This involved assessing whether the application was compliant, the nominator was actively and lawfully operating a business in Australia, and the nominee had the requisite previous employment experience in the nominated occupation. The Tribunal also considered the nominator's adherence to training requirements.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and correctly identified the nominee and the occupation of Café or Restaurant Manager, which aligned with ANZSCO requirements. It was satisfied that the nominator was the relevant standard business sponsor, actively and lawfully operating a business in Australia, and had not met certain exclusionary criteria in its most recent sponsorship approval. Furthermore, the Tribunal was satisfied that the nominee had met the employment duration and full-time work requirements in Australia within the preceding three years. The Tribunal also found that the nominator had fulfilled its training commitments.

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