STAR SEED PTY LTD (Migration)

The applicant, Star Seed Pty Ltd, sought judicial review of a decision by the Administrative Appeals Tribunal. The dispute concerned the validity of a nomination made by Star Seed Pty Ltd under the Direct Entry stream for a Chef occupation. The Tribunal had previously found that the restaurant was not a limited service restaurant, that the nominated position was genuine, and that the terms and conditions of employment offered were not less favourable than those available to Australian citizens or permanent residents.

The primary legal issue before the court was whether the Tribunal had erred in law in its assessment of the nomination. Specifically, the court was required to consider whether the Tribunal had correctly applied the relevant provisions of the *Migration Regulations 1994* (Cth) concerning the genuineness of the nominated position and the terms and conditions of employment.

The court reasoned that the Tribunal had properly considered the evidence before it and had applied the correct legal principles. It found that the Tribunal's satisfaction that the restaurant was not a limited service restaurant, that the nominated position was genuine, and that the employment terms were not less favourable was supported by the evidence. The court concluded that no error of law had been demonstrated.

Consequently, the court set aside the decision under review.