All Star Access Hire Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by All Star Access Hire Pty Ltd (the applicant) for approval of a nomination of occupation under the medium-term stream. The dispute concerned whether the applicant had met the labour market testing requirements mandated by migration regulations. The applicant had failed to provide evidence of labour market testing in accordance with the relevant legislative instrument, LIN 18/036, and had not responded to attempts by the Tribunal to contact them or to the hearing invitation.

The primary legal issue before the Tribunal was whether the applicant had satisfied the labour market testing requirements as stipulated by section 140GBA of the Migration Act 1958 (Cth) and associated regulations. This section requires that labour market testing be undertaken to demonstrate that no suitably qualified and experienced Australian citizen or permanent resident is readily available to fill the nominated position. The Tribunal also considered whether the applicant had provided the necessary accompanying evidence and information regarding redundancies, as required by the legislation.

The Tribunal reasoned that the applicant had failed to provide any evidence of labour market testing, despite this being a mandatory requirement for the approval of a nomination unless specific exemptions applied. The Tribunal noted that the applicant had not provided any evidence prior to the hearing and had not responded to communications from the Tribunal. Furthermore, a previous delegate's decision record indicated a similar failure to provide evidence of labour market testing. The Tribunal concluded that, in the absence of any evidence demonstrating compliance with the labour market testing provisions, the applicant had not met the criteria for the nomination to be approved.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.