Aaron's Rubbish Removal Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Aaron's Rubbish Removal Pty Ltd as the applicant and the delegate of the Minister for Immigration and Border Protection as the respondent. The dispute concerned the approval of a nomination for an Occupational Health and Safety Advisor position, which had been refused by the delegate.

The Tribunal was required to determine whether the applicant met the criteria for the approval of the nomination under the Migration Regulations 1994. Specifically, the Tribunal had to assess if the nominated occupation was genuine, if the terms and conditions of employment were no less favourable than those for an Australian citizen or permanent resident performing equivalent work at the same location, and if the labour market testing requirements under s.140GBA of the Act were satisfied. The Tribunal also considered whether the applicant was an approved sponsor and had complied with the prescribed nomination process.

The Tribunal found that Aaron's Rubbish Removal Pty Ltd was an approved standard business sponsor and had followed the correct nomination process, including identifying the nominee and providing necessary certifications. Crucially, the Tribunal was satisfied, based on oral and documentary evidence, that the nominated position of Occupational Health and Safety Advisor was genuine and that the tasks performed by the nominee aligned with the ANZSCO description for that occupation. Furthermore, the Tribunal determined that the labour market testing requirements were met, as there was no Australian citizen or permanent resident performing equivalent work at the same location, and the terms and conditions offered were appropriate.

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