THE TRUSTEE FOR FATHI FAMILY QUEENSLAND TRUST & THE TRUSTEE FOR K. ENSAFPOUR FAMILY TRUST (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of an occupation for a Subclass 457 visa. The applicants were the trustees for two family trusts, and the dispute concerned whether the nominated position of restaurant manager was genuine and supported by the business's structure and financial capacity. The Tribunal was required to determine if the nominated position met the criteria for approval under migration regulations, specifically focusing on the genuineness of the position and the capacity of the business to sustain it.

The Tribunal's reasoning centred on several concerns raised by the original delegate, which were then examined by the Tribunal. These included doubts about whether the nominee was actually performing the duties of a restaurant manager as described, the size and financial position of the business being insufficient to support such a role, and the overall staffing structure not aligning with the need for a dedicated manager. Evidence considered included employment contracts, market salary reports, photographs of meals, menus, an organisation chart, and financial statements for the relevant fiscal years.

Ultimately, the Tribunal affirmed the decision to refuse the nomination. It found that the evidence, including the business's financial statements showing decreased profits despite increased wages, and the nature of the meals prepared suggesting a simpler operation, did not support the genuineness of the nominated restaurant manager position. The Tribunal concluded that the applicant had not satisfied the applicable criteria for the nomination to be approved.