Queens Pastri House Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Queens Pastri House Pty Ltd for approval of a nominated position. The core of the dispute concerned whether the nominated position met the relevant criteria under the Migration Regulations 1994, specifically whether it was applicable to a limited-service restaurant.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, as stipulated by section 140GB(2) of the Migration Act 1958 and regulation 2.72 of the Migration Regulations 1994. A key issue was whether the nominated occupation and its associated 6-digit code corresponded to an occupation specified in the relevant instrument in force at the time of nomination, and crucially, whether the nominated position was applicable to the nominee, given that the instrument specified the nominated position was not applicable in a limited-service restaurant.

The Tribunal noted that the applicant had not provided any updated information regarding its business or the nominated position since the review application was lodged approximately 36 months prior. Based on the available evidence, the Tribunal was not satisfied that the applicant's business was not a limited-service restaurant, and therefore concluded that the applicant did not meet the criteria in regulation 2.72(8)(b). Consequently, the Tribunal found it unnecessary to consider the remaining criteria. The Tribunal affirmed the decision not to approve the nomination.