United Group of Restaurants Pty Ltd (Migration)

This matter concerned an application by United Group of Restaurants Pty Ltd for approval of a nominated position under the Temporary Residence Transition stream. The applicant company, trading as ‘Fiery Flames Café & Restaurant’, nominated a position for a Cook. The review was heard by Member Nicola Findson.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal was required to determine if the nominator, United Group of Restaurants Pty Ltd, was actively and lawfully operating a business in Australia at the time of the application, as stipulated by regulation 5.19(3)(b)(ii).

The Tribunal's reasoning focused on the requirement for the nominator to be actively and lawfully operating a business in Australia. During the review, the Tribunal independently investigated the applicant's business operations and found evidence, including social media information and a disconnected telephone number, indicating that the ‘Fiery Flames Café & Restaurant’ had permanently ceased trading at its nominated Gosnells address and indeed, altogether. The Tribunal subsequently invited the applicant to comment on this information, highlighting its relevance to the nominator's operational status. As the applicant did not demonstrate that the business was still actively and lawfully operating, the Tribunal concluded that a key requirement of the nomination criteria was not met.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(3).