Encores told it doesn't 'need manager' by Home Affairs

FOR 21 years Encores has been one of Toowoomba’s premier dining destinations, and for 21 years it has had a restaurant manager overseeing its operation.

Mark Rawlings and his Encore's restaurant manager Alex Ibrahim. Thursday, 19th Jul, 2018. Picture: Nev Madsen

FOR 21 years Encores has been one of Toowoomba's premier dining destinations, and for 21 years it has had a restaurant manager overseeing its operation.

Now, Encores owner Mark Rawlings said the Department of Home Affairs had decided the restaurant - one of three venues owned by Mr Rawlings - doesn't actually need a manager.

In a recent letter, the Federal department refused Encores' application to nominate a person for the restaurant manager's role.

This, despite what Mr Rawlings said was an exhaustive process ensuring Encores met all legislative criteria.

Encores has lodged an appeal against the department's decision.

Philippine national Alex Ibrahim has been working for the Encores' for four and a half years, three and a half of which have been spent in the role of restaurant manager.

"Alex and ourselves have had an immigration lawyer from the beginning to make sure the process is done properly, and as far as we're concerned we have done it properly," Mr Rawlings said.

"And then we get a straight-out refusal that we do not meet the requirements. One of the concerns was that as an ongoing business, we do not have a need for a restaurant manager, which is just completely not true.

"In the style of restaurant we run, with multiple venues, we have other restaurant managers. They're all on the same pay scale. There's no justification I can think of for why we wouldn't need a restaurant manager.

"When someone comes along who has experience like Alex has - he's worked in five star hotels, and he offers a level of customer service we can't beat. So we're passionate about keeping him and we're very frustrated as to why we can't."

Mr Rawlings said trying to get a response about the refusal was like talking to a "blank wall", so he was faced with a decision - either let Alex go, or appeal.

He said while he agreed in general with the Immigration Department's policies, it felt that in this case the department had "shifted the goal posts".

"We've gone all this way and now they change their mind? I just don't get that. It's just not fair on anyone," he said.

"We need good staff. Without them, we don't have a business. (A restaurant manager) is a highly-skilled position.

"It's make or break."

A spokesman for the Department of Home Affairs said each application was assessed on its own merits and there is no guarantee that a permanent visa will be granted. 

"The Department does not comment on individual cases," the spokesman said.

"Temporary skilled overseas workers who wish to remain permanently in Australia must apply for an appropriate visa and meet the relevant regulatory criteria.

"The Department or the Minister is unable to intervene if a refusal decision has been appealed to the Administrative Appeals Tribunal."

Originally published as Encores told it doesn't 'need manager' by Home Affairs