The Trustee for Johnson Family Trust (Migration)

The case of The Trustee for Johnson Family Trust (Migration) concerned an appeal to the Tribunal regarding the approval of a nomination for the occupation of Chef. The applicant sought to have a decision not to approve the nomination set aside.

The Tribunal was required to determine whether the nominated occupation of Chef met the criteria set out in the Migration Regulations 1994, specifically concerning adverse information, the specified occupation list, and whether the position was genuine and not in a limited service restaurant setting. The Tribunal also considered whether the applicant had provided updated financial information and if the terms and conditions of employment were no less favourable than those offered to Australian citizens or permanent residents.

The Tribunal found that the applicant had disclosed an underpayment of an employee in 2015, which had been rectified. As this occurred more than three years prior to the application, it did not constitute relevant adverse information under regulation 1.13A(3). The nominated occupation of Chef (ANZSCO 351311) was found to be listed in the relevant instrument (IMMI 17/060) and was not subject to the inapplicability provisions for mass production in a factory setting or a limited service restaurant. The Tribunal was satisfied that Pizza Bella Roma, the applicant's business, was a full-service restaurant with an a la carte menu, seating for 150 people, and a significant turnover, thus not falling within the definition of a limited service restaurant. The qualifications and experience of the proposed visa holder were also found to be commensurate with the nominated occupation.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision that the nomination be approved.