OFF THE GREEN PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the approval of an employer nomination lodged by OFF THE GREEN PTY LTD. The applicant sought approval for a nominated position of Restaurant or Café Manager under the Direct Entry stream. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue was whether the nominated position was located at an address where the business activities were undertaken, as opposed to the address of the registered office. The Tribunal considered that for the nomination to be approved, the applicant needed to demonstrate that the nominated person would work in the position under the applicant's direct control. This involved assessing the nature of the applicant's business, which involved catering services provided at various client locations.

The Tribunal reasoned that the applicant's business operated by providing catering services at different locations, rather than having a fixed restaurant or café at a single address. While the applicant identified a postcode for the nominee's work location, the evidence indicated that the business's activities were mobile and dependent on catering contracts. The Tribunal noted that the applicant had not responded to an invitation under section 359(2) of the Migration Act 1958, which likely related to providing further information or clarification on the location of the business activities. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.