Shophouse Ramen Pty Ltd ATF Shophouse Ramen Unit Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position for a Chef by Shophouse Ramen Pty Ltd ATF Shophouse Ramen Unit Trust. The core dispute revolved around whether the nominated position met the criteria for approval, specifically concerning the nature of the restaurant and the occupation itself as defined by relevant migration instruments.

The Tribunal was required to determine if the applicant, Shophouse Ramen Pty Ltd ATF Shophouse Ramen Unit Trust, had satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994 for the approval of a nomination. This involved assessing whether the nominated occupation of Chef was specified in the relevant instrument (IMMI 18/006) and whether the restaurant operated as a "limited service restaurant," which would render the nomination ineligible under certain conditions. The Tribunal also considered the applicant's status as a standard business sponsor and the procedural requirements for making the nomination.

The Tribunal reasoned that the applicant met the procedural requirements for making the nomination, including being an approved standard business sponsor and correctly identifying the nominated occupation and location. Crucially, the Tribunal found that the restaurant did not constitute a "limited service restaurant" as defined by the regulations and associated guidance. It considered factors such as full table service, a comprehensive menu prepared with fresh ingredients, and appropriate seating for customers, distinguishing it from fast food or takeaway services. The Tribunal noted that while the occupation of "Cook" had specific inapplicability conditions related to limited service restaurants, the nominated occupation was "Chef," and the evidence supported that the establishment provided full table service and a comprehensive menu, thus not falling within the exclusionary definition.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.