Nick Huynh & Belinda Lam (Migration)

This matter concerned an application by Nick Huynh and Belinda Lam, trading as Lido Café and Bar, for approval of a Regional Employer Nomination for the position of ‘Café Restaurant Manager’. The nomination was lodged in favour of Mr Luy Huynh. The delegate had previously refused the nomination, finding that the predominant tasks of the position were more aligned with a retail supervisory role than a Café Restaurant Manager. The applicants sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the nomination met the requirements for approval under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if there was a genuine need for the nominated position, if the tasks of the position corresponded to those of a Café Restaurant Manager (ANZSCO Code 141111), and if the nominee’s qualifications and experience were suitable. The Tribunal also considered whether the position was located in a regional area and if the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal found that the parties had provided extensive and credible evidence, both written and oral, which satisfied the requirements of regulation 5.19(4). The Tribunal was satisfied that the position was located in a regional area (Belconnen, ACT) and that there was a genuine need for a Café Restaurant Manager to allow the nominators to manage their other businesses. The Tribunal also accepted that the nominee possessed the necessary qualifications and experience, having over six years of experience in the hospitality industry and a relevant diploma. The Tribunal noted that the nominator had a satisfactory record of compliance with workplace relations laws and that there was no adverse information known to Immigration.

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