TAKENOKO PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the nomination of a Chef (Dessert) position. The applicant, TAKENOKO PTY LTD, sought to nominate Mr Yutaka Kurimoto for a subclass 457 visa. The core of the dispute concerned whether the nominated position met the requirements of the Migration Regulations 1994, particularly in light of specific occupation caveats.

The Tribunal was required to determine if the nomination complied with the prescribed nomination process, if the nominator was an approved standard business sponsor, and if the nominee was correctly identified. Crucially, the Tribunal had to consider whether the nominated occupation, Chef (ANZSCO code 351311), corresponded to a specified occupation under the relevant legislative instrument, IMMI 17/060, and whether any exclusionary caveats applied. The Tribunal also needed to assess if there was any adverse information known to Immigration concerning the applicant or associated persons.

The Tribunal found that the applicant had met all procedural requirements for the nomination, including using the approved form, identifying the nominee, and providing the correct ANZSCO code and location. It was satisfied that TAKENOKO PTY LTD was an approved standard business sponsor. Regarding the occupation caveats, the Tribunal examined the definitions of "limited service restaurant" and related terms within the Departmental Procedures Advice Manual. It concluded that the nominated position, as described, did not fall within the exclusions for mass production in a factory setting or for a limited service restaurant, fast food, fast casual, or limited service cafe or pizza restaurant. The Tribunal also confirmed the absence of adverse information.

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