QV Teppanyaki & Sushi Bar Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination application lodged by QV Teppanyaki & Sushi Bar Pty Ltd for the occupation of Cook (ANZSCO 351411) under the Temporary Skill Shortage Subclass 482 stream. The core dispute revolved around whether the applicant met the necessary criteria for the approval of this nomination.

The Tribunal was required to determine if the applicant, QV Teppanyaki & Sushi Bar Pty Ltd, satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994. Specifically, this involved assessing whether the nomination was made in accordance with the prescribed process under Regulation 2.73, whether there was any adverse information known to Immigration about the applicant or associated persons, if the nominator was a standard business sponsor, if any debts under section 140ZO of the Act had been paid, and if the nominated occupation corresponded to a specified occupation in the relevant instrument, IMMI 18/048.

The Tribunal found that the applicant had complied with all procedural requirements outlined in Regulation 2.73, including the use of the approved form, payment of fees and charges, and the provision of necessary certifications regarding the employment contract and the nominee's qualifications. It was also satisfied that no adverse information was known to Immigration concerning the applicant, that the applicant was an approved standard business sponsor, and that no debts were owed under section 140ZO. Furthermore, the nominated occupation of Cook (ANZSCO 351411) was correctly identified as a short-term skilled occupation under IMMI 18/048. Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.