RJML Pty Ltd (Migration)

This matter concerned an application by RJML Pty Ltd for approval of a nomination for a position as a Café and Restaurant Manager. The applicant sought to nominate an individual for a Subclass 457 visa. The core of the dispute revolved around whether the nominated occupation met the requirements of the relevant migration regulations, specifically concerning exclusionary caveats applied to the occupation.

The Tribunal was required to determine whether the nominated occupation of Café and Restaurant Manager (ANZSCO 141111) satisfied the criteria set out in Regulation 2.72(10)(aa) of the Migration Regulations 1994, as amended by Legislative Instruments IMMI 16/059 and 17/040. This involved assessing whether the applicant's business, "Coffee Alchemy," fell within the definition of a "limited service restaurant" as defined by Note 3 of the relevant legislative instrument, which would exclude the occupation from being nominated.

The Tribunal considered evidence, including photographs of the business, which showed it sold coffee, coffee beans, and accessories, with limited seating. It noted that the business did not offer food for service, apart from recently introducing water for sale. Applying the caveat in Note 3, the Tribunal found that Coffee Alchemy constituted a "limited service café," and therefore fell within the exclusion for "limited service restaurants." This meant the nominated occupation did not correspond to an occupation specified in the relevant legislative instrument for the purposes of Regulation 2.72(10)(aa).

Consequently, the Tribunal was not satisfied that the applicant met all applicable criteria for the nomination to be approved. The decision under review, which refused to approve the nomination, was affirmed.