CPC Land Development Consultants pty ltd (Migration)

This matter concerned an application by CPC Land Development Consultants Pty Ltd for approval of a nomination, which was reviewed by the Administrative Appeals Tribunal. The core dispute revolved around whether the applicant had met the requirements for labour market testing as stipulated by the Migration Act 1958 (Cth) and associated regulations. The Tribunal, constituted by Member Amanda Mendes Da Costa, was tasked with determining if the evidence provided by the applicant sufficiently demonstrated that no suitably qualified and experienced Australian citizen or permanent resident was readily available to fill the nominated position.

The primary legal issue before the Tribunal was whether the applicant had satisfied the labour market testing requirements under section 140GBA of the Migration Act 1958. This section mandates that a person nominating an occupation must demonstrate, through specific testing of the Australian labour market, that a suitable Australian candidate is not readily available. The Tribunal was required to assess if the evidence submitted by the applicant, including information about attempted recruitment, advertising, and associated expenses, met the prescribed standards and was undertaken within the relevant timeframe. Furthermore, the Tribunal considered the requirement to provide information regarding any Australian citizen or permanent resident redundancies in relevant occupations within the preceding four months.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had failed to provide sufficient evidence to satisfy the labour market testing requirements. The Tribunal noted the significant delay since the original decision and the absence of any updated information regarding the applicant's business or the nominated position. Crucially, the Tribunal highlighted that the evidence of labour market testing must include details of attempted recruitment, such as advertising, and that this evidence was not adequately presented. The lack of current information meant the Tribunal could not be satisfied that the criteria for labour market testing had been met.