Tandoori Kitchen Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Regional Sponsored Migration Scheme employer nomination visa subclass 187 in the Direct Entry Stream. The applicant, Tandoori Kitchen Pty Ltd, sought approval for the nomination of a Cook position in Port Macquarie, NSW, for Mr. Ramandeep Singh Jossan. The core dispute revolved around whether the applicant met the general requirements under reg 5.19(4) and the stream-specific requirements under reg 5.19(9) of the Migration Regulations 1994.

The Tribunal was required to determine if Tandoori Kitchen Pty Ltd satisfied all the necessary criteria for the approval of the nomination. This included assessing whether the application was made in the approved form, if there was any adverse information about the nominator, if mandatory licensing or registration requirements were met, and if the nominator had a satisfactory record of compliance with employment laws. Crucially, the Tribunal had to consider the Direct Entry stream requirements, specifically whether the nominator was actively and lawfully operating a business, if there was a genuine need for the nominated employee, and if the terms and conditions of employment were not less favourable than those offered to Australian citizens or permanent residents in equivalent roles.

The Tribunal found that Tandoori Kitchen Pty Ltd met the general requirements of reg 5.19(4), including having no adverse information, the occupation of Cook not requiring mandatory licensing, a satisfactory record of employment law compliance, and no outstanding training contribution debts. Furthermore, the Tribunal was satisfied that the nominator was actively and lawfully operating its restaurant business, as evidenced by financial statements and a local newspaper article. The Tribunal also concluded that there was a genuine need for the nominated Cook, noting the business's growth and challenges in finding hospitality staff.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.