Zarpol Holdings Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Zarpol Holdings Pty Ltd concerning the approval of a nomination for a Subclass 457 visa. The dispute centred on whether the nominated position of Cook (ANZSCO 351411) met the relevant legislative criteria for approval. The Tribunal was tasked with reviewing the decision not to approve the nomination.

The primary legal issue before the Tribunal was to determine if Zarpol Holdings Pty Ltd, as an approved standard business sponsor, had satisfied all the requirements stipulated in Regulation 2.72 of the Migration Regulations 1994 for the approval of its nomination. This involved assessing whether the nominated occupation corresponded to a specified occupation in the relevant instrument, whether the nominee was correctly identified, and whether the terms and conditions of employment were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

The Tribunal found that Zarpol Holdings Pty Ltd had met the criteria under Regulation 2.72. It was satisfied that the applicant was an approved standard business sponsor, that the nomination was made in accordance with the prescribed process, and that the nominee, Mr Ka Fai Ivan KAN, was correctly identified for the nominated occupation of Cook. The Tribunal also considered the specific requirements of IMMI 18/004, concluding that the nominated position of Cook in a "sushi train" type restaurant, offering a la carte options and table service, did not fall into categories of mass production or limited service restaurants, thus satisfying the specified occupation criteria. Furthermore, the Tribunal was satisfied that the terms and conditions of employment would be no less favourable than those for an Australian worker.

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