RUPINDER KAUR (Migration)

This matter concerned an application for approval of a nominated position under the Direct Entry nomination stream, brought before the Administrative Appeals Tribunal. The applicant, Rupinder Kaur, sought to nominate Rajwinder Kaur for the position of Café or Restaurant Manager at the business Tandoori Flames Griffith. The core dispute revolved around whether the nominated position and the applicant's business met the regulatory requirements for such a nomination.

The Tribunal was required to determine whether the nominated position of Café or Restaurant Manager met the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether there was a genuine need for the nominated position, whether the tasks of the position corresponded to those of a Café or Restaurant Manager, and whether the applicant had provided sufficient information to demonstrate compliance with the requirements of the Direct Entry nomination stream.

The Tribunal affirmed the decision to refuse the nomination. The reasoning was based on a lack of evidence demonstrating a genuine need for a Café or Restaurant Manager, particularly in light of the business's sales figures and wage costs. Furthermore, the Tribunal noted that the offer of employment provided referred to the position as a "Cook" and inconsistently described it as both "Restaurant Manager" and "Cook" throughout the document. Crucially, the applicant failed to provide a position description or any information that demonstrated the tasks of the nominated position corresponded to those of a Café or Restaurant Manager (ANZSCO 141111). The Tribunal also noted that the applicant did not respond to a hearing invitation.

Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4) and therefore affirmed the delegate's decision to refuse the nomination.