MR SUSHI KING PTY LTD (Migration)

This matter concerned an application by MR SUSHI KING PTY LTD for approval of an employer nomination for a Café or Restaurant Manager position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The applicant operates four restaurants and a takeaway shop in regional New South Wales. The nominated position was at the Mr Lim Restaurant in Orange, where the nominee had been working as Restaurant Manager since 2016. The application was lodged on 11 November 2019, with a nominated salary of $55,000 per annum.

The primary legal issue before the Tribunal was whether the applicant met the general requirements for approval of the nomination under r.5.19(4) and the specific requirements for the Direct Entry stream under r.5.19(9) of the Migration Regulations 1994. These regulations stipulate various criteria relating to the application process, the nominator's business operations, compliance with employment laws, and the genuine need for the nominated position.

The Tribunal considered the evidence provided, including financial statements, BAS returns, and ASIC records, and found that the applicant satisfied all relevant regulatory requirements. Specifically, the Tribunal was satisfied that the applicant was actively and lawfully operating a business in Australia, had a satisfactory record of compliance with employment laws, and that there was a genuine need for the nominated position. The Tribunal also noted that there were no mandatory licensing or registration requirements for the nominated occupation in New South Wales. Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.