The Press Room Wine Bar Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of a position by The Press Room Wine Bar Pty Ltd. The dispute concerned whether the nominated position of Food and Beverage Manager met the requirements for approval under the Direct Entry nomination stream of the employer nomination provisions.

The Tribunal was required to determine if the applicant had satisfied all the criteria stipulated in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal examined whether the nominated position represented a genuine need, whether the applicant had complied with workplace relations laws, and whether the tasks of the position corresponded to the ANZSCO Code for a Food and Beverage Manager.

The Tribunal found that while the application was compliant and there was no adverse information known to Immigration, the applicant had not provided sufficient evidence to demonstrate a genuine need for the Food and Beverage Manager position under the direct control of the business owner. Furthermore, the Tribunal noted a lack of evidence that the nominee had been provided with a Fair Work Information Statement, indicating a failure to comply with the Fair Work Act 2009. The Tribunal also concluded that the duties outlined in the employment contract did not fully align with the requirements of ANZSCO Code 141111, as some duties appeared to be performed by the Owner/Director.

Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4). As the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, the nomination could not be approved. The Tribunal affirmed the original decision to refuse the nomination.