Adrian O’Hara (Migration)

This matter concerned an application for review of a decision to refuse a business nomination application under s 140GB of the *Migration Act 1958* (Cth). The applicant, Adrian O’Hara, sought to nominate a position for a "Bush Regeneration Team Leader". The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, including whether the labour market testing requirements under s 140GBA of the Act were satisfied.

The primary legal issue before the Tribunal was whether the applicant had met the labour market testing requirements as stipulated by the *Migration Act 1958* and the *Migration Regulations 1994*. This involved assessing the evidence provided by the applicant, including a Seek.com.au invoice and the content of a proposed advertisement, to ascertain if it demonstrated a genuine attempt to recruit an Australian worker for the nominated position. The Tribunal also considered the broader criteria for nomination approval under regulation 2.72 of the *Migration Regulations 1994*, such as the genuine nature of the position and the financial capacity of the business.

The Tribunal found that the labour market testing requirements were not satisfied. While the applicant provided some information regarding a potential advertisement, it was not accompanied by sufficient evidence to demonstrate that the advertisement was conducted in the required manner, nor did it clearly identify the sponsoring business. The Tribunal noted the absence of evidence of JobActive advertisements, which are typically required. Consequently, the Tribunal concluded that subparagraph 140GBA(3)(aa) of the *Migration Act 1958* had not been met.

The Tribunal affirmed the decision under review to refuse the nomination.