Snoobar Pty Ltd (Migration)

This matter concerned an appeal by Snoobar Pty Ltd (the applicant) against a decision to refuse its nomination of Mr Jiwandeep Singh for the occupation of Café or Restaurant Manager. The applicant had initially operated a restaurant business and sponsored Mr Singh. However, due to personal circumstances and the impact of COVID-19, the applicant's business ceased to operate, and the nominated position no longer existed. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 (Cth) and regulation 2.72 of the Migration Regulations 1994 (Cth).

The Tribunal's reasoning focused on the requirement that the nominated position must be genuine and that the applicant must be actively operating a business. The evidence presented indicated that the applicant was no longer actively operating its restaurant business and that the position for which Mr Singh was nominated no longer existed. The Director of the applicant explained the financial difficulties and eventual closure of the business, attributing it to personal issues and the harsh conditions for businesses during the COVID-19 pandemic. The Tribunal noted that the applicant's Director confirmed at the hearing that the business was not currently operating.

The Tribunal concluded that the applicant had failed to satisfy the criteria for approval of the nomination, specifically that the nominated position was no longer genuine due to the cessation of business operations. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.