MOURTERI PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the nomination of a position by Mourteri Pty Ltd, which operates "Leura Café". The dispute centred on whether the applicant met the criteria for approval of the nomination for a Café or Restaurant Manager position under the Short-term stream of the Subclass 482 visa program. The nominee had been employed by the applicant for nearly six years in the nominated occupation.

The primary legal issue before the Tribunal was to determine if Mourteri Pty Ltd had satisfied all the requirements for the approval of its nomination. This involved assessing compliance with various regulations, including those pertaining to the prescribed nomination process, the absence of adverse information, the applicant's status as an approved sponsor, payment of any outstanding debts, and specific criteria applicable to existing Subclass 457 or Subclass 482 visa holders. A key point of contention was whether the nominated occupation, Café or Restaurant Manager, was eligible under the relevant legislative instrument, particularly concerning the caveat that the position should not be in a "limited-service restaurant".

The Tribunal reasoned that Mourteri Pty Ltd had met the requirements of regulation 2.72. It found that the nomination process was compliant, there was no adverse information known about the applicant, and the applicant was a standard business sponsor. Furthermore, there was no evidence of outstanding debts under section 140ZO of the Act. Crucially, the Tribunal determined that the nominated occupation, Café or Restaurant Manager, was eligible as the business provided full table service with an extensive menu, thus not falling within the definition of a "limited-service restaurant" as contemplated by the instrument. The Tribunal also noted that the specific requirements for existing visa holders did not apply in this instance.

Consequently, the Tribunal decided to set aside the original decision and substitute it with a decision approving the nomination.