Assignment task: Jimmy and Lewis followed the advice that you gave them back in January and a subclass 400 visa in the Highly Specialized Work Stream, was granted to Lewis on 20 January 2022 with a validity period of 6 months. Expiry 20 July 2022.
From a logistical perspective, the set-up of the BBQs went very well and the opening on the 2nd of April 2022 was a success. In the first few days of operation over 300 people walked through the doors of ''Jimmy King's'' and things only got better from there.
The chefs which Lewis helped Jimmy to train, were performing very well and within a couple of weeks, had a good grasp on the recipies and techniques. However, they could not keep up with the work load. There are a number of reasons for this:
1. Jimmy King's is located on the outskirts of Brisbane. Therefore, unlike a restaurant that operates in the city, does not have the same space constraints. The diners themselves sit inside a huge ''shed-style'' dining hall, dubbed ''The Barn'' which seats up to 200 guests at any one time. This has also made the venue very popular for large functions.
2. Thanks to the high-quality food, drinks and service, combined with the marketing efforts lead by Jimmy's wife Kayla, there continue to be at least 1500 guests each weekend and of course also numerous diners throughout the week.
3. The preparation of the BBQ meats is in and of itself very labour intensive. However, meat cannot be served on a plate by itself. There are many hours of preparation and cooking time involved each week for the preparation of numerous side dishes (salads, vegetables, house-baked breads and desserts, sauces, dressings, garnishes and pickles) as well as the preparation of dishes for vegetarian and vegan guests.
Jimmy, Lewis and the 5 Australian Chefs have been working 6 days a week since the opening and this is not sustainable. Also, Jimmy is the General Manager of the operation and therefore has other responsibilities to ensure the smooth and efficient running of the business.
Following a last-ditch (unsuccessful) recruitment attempt, a decision was made to extend Lewis's stay in Australia through the Temporary Skills Shortage Visa Program. The Standard Business Sponsorship and Nomination were lodged simultaneously on 28 June 2022. It took just 5 days for the sponsorship to be approved on 3 July 2022. Unfortunately, an email from the Department of Home Affairs on 12 July 2022, contained bad news with regard to the nomination.
The nomination was refused because the case officer did not agree that the nominated position (Head Chef) for Lewis in the occupation of Chef (ANZSCO: 351311) was a genuine position within Jimmy King's restaurant. Jimmy and Lewis come to see you again on 13 July 2022. They are upset, confused and worried about the future of the restaurant.
You have lodged an application for review of the decision to refuse the nomination at the AAT (Migration and Refugee Division) and you must now prepare written submissions to support the NOMINATION review application. First of all you should familiarize yourself with the further information and supporting documents below, including the Department's refusal letter.
Important note: we are not dealing with the refused subclass 482 visa applications. You do not need to concern yourself with the visa. We are dealing with refusal of the nomination in accordance with Regulation 2.72 of the Migration Regulations 1994 (Cth).