1609758 (Migration)

The Administrative Appeals Tribunal considered an application for approval of a nominated position, brought by an applicant who sought to sponsor a visa applicant. The core of the dispute concerned whether the applicant had adequately demonstrated that a suitably qualified and experienced Australian citizen, permanent resident, or eligible temporary visa holder was not readily available to fill the nominated position.

The Tribunal was required to determine whether the applicant had satisfied the relevant legislative requirements concerning labour market testing for the nominated position. Specifically, the Tribunal had to assess whether the evidence provided by the applicant established that reasonable efforts had been made to recruit an Australian worker.

The Tribunal affirmed the decision not to approve the nomination, finding that the applicant had failed to satisfy the Tribunal regarding the availability of suitably qualified Australian workers. The reasoning focused on the inadequacy of the labour market testing undertaken, which did not sufficiently demonstrate that no Australian worker was readily available for the role. Consequently, the application for approval of the nominated position was refused.