AGN RATTAN PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of AGN RATTAN PTY LTD concerning a nomination for a skilled migration visa. The dispute centred on whether the nominated position of "Pastrycook" was genuine and whether the employer had met the relevant labour market testing requirements.

The Tribunal was required to determine if the nominee, by performing both the preparing and baking of pastry goods, satisfied the requirements of the nominated occupation. Furthermore, the AAT had to ascertain whether there was an Australian citizen or permanent resident performing equivalent work at the same location, and if the position associated with the nomination was genuine. The central legal issue was whether the employer had complied with the labour market testing requirements stipulated in section 140GBA of the relevant migration legislation.

The Tribunal found that the nominee's duties encompassed both the preparation and baking of pastry goods, which aligned with the requirements of the nominated occupation. Crucially, the AAT determined that no Australian citizen or permanent resident was performing equivalent work at the same business location. The Tribunal was satisfied that the nominated position was genuine and that AGN RATTAN PTY LTD had therefore met the labour market testing requirements under section 140GBA.

Consequently, the Tribunal set aside the decision under review.