Aventedge Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Aventedge Pty Ltd's application for approval of a nomination for a skilled migration visa. The core dispute revolved around whether the nominated position was genuine and met the relevant regulatory criteria.

The Tribunal was required to determine if Aventedge Pty Ltd met the requirements of regulation 2.72 of the Migration Regulations 1994, specifically concerning the genuineness of the nominated position, labour market testing, and other associated criteria for approving a nomination. This involved assessing whether the applicant had provided sufficient evidence to satisfy the delegate's concerns about the application's purpose and the nominee's qualifications and work history.

The Tribunal considered evidence including company and financial information, an employment contract, a comparison with ANZSCO classifications, and advertising material. It noted that the nominated position, an inbound sales representative, had been held by the nominee since July 2017 and that the salary offered met the required threshold. The Tribunal found that the labour market testing conducted, which involved advertising the position on LinkedIn, had not yielded any suitable candidates with the necessary experience in the technical or conference and training sector. The Tribunal concluded that Aventedge Pty Ltd had met all applicable criteria for the nomination to be approved.

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