W & B CORPORATION PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate to refuse an application for approval of a nomination for a position under the direct entry stream. The applicant, W & B Corporation Pty Ltd, sought approval for the nomination of a restaurant manager role. The delegate's refusal was based on the applicant's failure to provide sufficient evidence that, in the 12 months prior to the application, it had met the training requirements for Australian citizens or permanent residents as specified in the relevant legislative instrument. Specifically, the delegate found that evidence of a business management course provided to a permanent resident employee was not sufficiently related to the conduct of the restaurant.

The Tribunal was required to determine whether the applicant's nomination satisfied the requirements of Regulation 5.19(4)(h) of the Migration Regulations 1994, particularly concerning the training requirements for Australian citizens or permanent residents. This involved assessing the relevance of the training provided to the permanent resident employee and whether the applicant had otherwise met the criteria for a genuine need for the nominated position and the tasks involved. The Tribunal also considered whether other requirements of Regulation 5.19, including satisfactory compliance with workplace relations laws and the absence of adverse information, were met.

The Tribunal reasoned that the delegate had erred in its assessment of the training requirements. It found that the business management course provided to the permanent resident employee was relevant to the applicant's business operations, especially in light of the nominee's role in managing various aspects of the restaurant, including staff, suppliers, and customer relations. The Tribunal also noted that the nominee's skills in recruiting and managing Japanese employees, understanding customer preferences, and liaising with Japanese suppliers were crucial for the operation of a high-end Japanese restaurant. Furthermore, the Tribunal was satisfied that the applicant had met the other relevant regulatory requirements, including satisfactory compliance with workplace relations laws and the absence of adverse information.

Consequently, the Tribunal decided to set aside the delegate's decision and substitute it with a decision approving the nomination.