Yeri Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Yeri Pty Ltd's nomination for a Chef position. The core dispute revolved around whether the nominated position met the criteria for approval under migration regulations, specifically concerning the nature of the restaurant and the tasks involved. The Tribunal was tasked with determining if the nomination complied with all applicable legislative requirements.

The legal issues before the Tribunal included whether the nominated position of Chef was genuine, whether the restaurant constituted a "limited service restaurant" as defined by relevant instruments, and if the tasks associated with the role aligned with the duties of a Chef rather than a Cook. Additionally, the Tribunal considered whether the business's operations, particularly during a lockdown period which restricted takeaway services, impacted the assessment of the nominated position's genuineness and compliance with caveats in the relevant instrument. The Tribunal also examined the exemption from labour market testing and the overall compliance with the prescribed nomination process.

The Tribunal reasoned that the nominated position of Chef was genuine and that the restaurant, Seocho Dong Incredible Chicken Korean Dining Pub, was not a limited service restaurant as defined by the policy guidelines. It found that the business was not solely a fast food or takeaway service, nor a drinking establishment with limited food offerings, a limited service café, or a limited service pizza restaurant. The Tribunal concluded that the restaurant did not fit the definition of a "fast casual restaurant" and that the Chef's duties involved menu planning, quality control, and advising on cooking procedures, distinguishing it from the role of a Cook. The Tribunal also noted that the restricted takeaway service during lockdown did not negate the genuineness of the position.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.