Seymour Noodles Pty Ltd (Migration)

This matter concerned an application by Seymour Noodles Pty Ltd for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The dispute centred on whether the nominated position, described as a Café or Restaurant Manager, met the requirements of Regulation 5.19(4) of the Migration Regulations 1994. The decision was made by Jane Bell.

The primary legal issue before the Tribunal was to determine if Seymour Noodles Pty Ltd had satisfied all the requirements stipulated in Regulation 5.19(4) for the approval of its nomination. This involved assessing various sub-regulations, including those pertaining to the application's compliance, the nominator's active and lawful operation of a business, the absence of adverse information, satisfactory compliance with workplace relations laws, and crucially, the nature and genuineness of the nominated position and its alignment with specified occupations and training requirements.

The Tribunal's reasoning focused on a detailed examination of each sub-regulation. It found that the application was compliant, the nominator was actively and lawfully operating its restaurant business in regional Australia, and there was no adverse information known to the Department. Furthermore, the nominator demonstrated a satisfactory record of compliance with workplace relations laws. Critically, in relation to Regulation 5.19(4)(h), the Tribunal considered the alternative requirements and found that the applicant had sought to satisfy the criteria for a position located in regional Australia, where there was a genuine need for the role that could not be filled locally, and that the tasks of the position corresponded to those of a specified occupation.

Consequently, the Tribunal set aside the original decision and substituted a new decision approving the nomination.