VISHALS INDIAN RESTAURANT PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application for approval of a nomination for a restaurant manager position under the direct entry stream. The applicant, Vishals Indian Restaurant Pty Ltd, sought approval for a nominee to fill this role. The Tribunal was required to determine whether the nominated position genuinely met the requirements of the relevant ANZSCO occupation description and whether the employer had demonstrated that the position could not be filled by a citizen or permanent resident in the local area.

The Tribunal's reasoning focused on a detailed comparison between the tasks described for the nominated restaurant manager position and the corresponding ANZSCO guidelines. Oral evidence was presented by a representative of the applicant and the nominee themselves. The Tribunal noted that the nominee had been promoted from a wait staff position, and it carefully assessed whether the duties of the nominated role aligned with the managerial responsibilities outlined in ANZSCO. A key consideration was whether the employer had adequately demonstrated that genuine efforts had been made to recruit a suitable Australian worker for the position.

Ultimately, the Tribunal found that the nominated position did not sufficiently align with the ANZSCO description for a restaurant manager and that the employer had not discharged its obligation to demonstrate that the position could not be filled by a local worker. Consequently, the decision under review, which had approved the nomination, was set aside.