Sabaz Enterprise Pty Ltd (Migration)

This matter concerned an application by Sabaz Enterprise Pty Ltd for approval of a nominated position as a Café or Restaurant Manager. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for approval of the nomination under regulation 2.72 of the Migration Regulations 1994. The Tribunal had previously invited the applicant to provide updated and current information regarding the nominated position and the business, including details about the roles and duties, organisational structure, and financial circumstances, as well as information addressing an inapplicability condition related to limited service restaurants.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.72, specifically subregulation (10)(aa), which mandates that the nominated occupation and its corresponding 6-digit code must align with an occupation and code specified in instrument IMMI 17/060, and that the occupation must be applicable to the nominated person. A further issue was whether the applicant had provided sufficient information to satisfy the Tribunal that all relevant criteria were met at the time of the decision, particularly in light of the invitation to provide updated information.

The Tribunal reasoned that the applicant had failed to respond to the invitation to provide updated and current information. Consequently, the Tribunal was unable to be satisfied that the applicant met the criteria for approval of the nomination. The Tribunal noted that the nominated occupation, Café or Restaurant Manager (ANZSCO 141111), is not applicable to limited service restaurants according to IMMI 17/060. As the applicant did not provide information to demonstrate the applicability of the occupation or address the inapplicability condition, the Tribunal affirmed the delegate's decision to refuse the nomination.

The Tribunal affirmed the decision under review to refuse the nomination.