Mister Close Investments Pty Ltd (Migration)

This matter concerned an application by Mister Close Investments Pty Ltd for approval of a nomination for a visa, heard by Karen McNamara. The core dispute revolved around whether the applicant met the criteria for approving the nomination, specifically concerning the nominated occupation of Pastrycook (ANZSCO 351112). The Tribunal had invited the applicant to provide updated information regarding all relevant requirements, but no response or further information was received.

The legal issues before the Tribunal were whether the applicant was an approved work sponsor, had met the requirements of regulation 2.72 and section 140GB(2) of the Migration Act 1958, and had paid any applicable nomination training contribution charge. Crucially, the Tribunal had to determine if the nominated occupation, Pastrycook, applied to the nominee in accordance with the relevant instrument, IMMI 18/048, which contained an "Inapplicability condition" for this occupation. This condition stipulated that the position should not relate to mass or standardised production, including positions based in a franchise or factory, or those predominantly involving the use of pre-prepared food products from another location.

The Tribunal reasoned that the applicant had failed to provide the requested updated and current information, leaving the Tribunal unable to be satisfied that the applicant met the requirements for approval as a Standard Business Sponsor at the time of the decision. Furthermore, the Tribunal considered the "Inapplicability condition" attached to the Pastrycook occupation in IMMI 18/048. Evidence, including the applicant's website and photographs, suggested that the business may have been supplied with pre-prepared pastry goods and might not have been involved in preparing and baking products from scratch. This led the delegate to conclude that the nominated position predominantly involved the use of pre-prepared food products, thus falling under the restriction specified in the instrument.

Consequently, the Tribunal affirmed the decision to refuse the nomination.