Rich Joondalup Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination for a Subclass 482 visa. The applicant, Rich Joondalup Pty Ltd, sought to nominate an occupation for a visa holder to work as a Cook at its PappaRich restaurant in Joondalup. The delegate of the Minister had refused to approve the nomination.

The Tribunal was required to determine whether the applicant met the criteria for the approval of the nomination, specifically whether the nominated position of Cook was genuine and whether the employment conditions offered were no less favourable than those provided to Australian citizens or permanent residents performing equivalent work. The Tribunal also considered whether the nominated restaurant was a "limited-service restaurant" which could render the nomination ineligible under certain caveats.

The Tribunal found that the nomination process had been correctly followed and that the applicant was a standard business sponsor. Crucially, the Tribunal considered the definition of a "limited-service restaurant" and the caveats associated with the Cook occupation. It noted that while PappaRich restaurants often have streamlined menus, the specific restaurant in question offered an extensive and varied a la carte menu, including celebratory food items, and was not solely a fast-food or takeaway establishment. The Tribunal also considered the impact of COVID-19 restrictions on in-store dining, which did not alter the fundamental nature of the restaurant's operations. Furthermore, the Tribunal was satisfied that the employment conditions offered were not less favourable than those for Australian workers and that there was no adverse information known to Immigration concerning the applicant.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.