Sushi Raft Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Sushi Raft Pty Ltd's employer nomination for a Café or Restaurant Manager position under the Direct Entry stream. The core dispute revolved around whether Sushi Raft Pty Ltd met all the regulatory requirements for the approval of this nomination.

The Tribunal was tasked with determining if the applicant satisfied the criteria outlined in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the nominated position was not a labour hire arrangement, and if the terms of employment for the nominee met the prescribed standards. Further issues included whether there was any adverse information known to Immigration, if the nominator had a satisfactory record of compliance with workplace relations laws, and if the tasks of the position corresponded to an eligible occupation with met training requirements.

The Tribunal found that Sushi Raft Pty Ltd had met all the stipulated requirements. It was satisfied that the application was in the approved form, accompanied by the prescribed fee, and identified a genuine need for the nominated employee. The Tribunal also concluded that the nominator was actively and lawfully operating a business, that the position was not a labour hire arrangement, and that the employment terms were favourable and met the duration requirements. Furthermore, no adverse information was presented, and the nominator demonstrated satisfactory compliance with workplace relations laws. The tasks of the nominated position were also found to correspond to an eligible occupation.

Consequently, the Tribunal set aside the original decision and substituted it with a decision approving Sushi Raft Pty Ltd's nomination.