Forlano Investments Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an appeal by Forlano Investments Pty Ltd concerning the approval of a nomination for a Subclass 482 visa. The dispute arose because the delegate refused to approve the nomination, finding that the position associated with the nominated occupation was not genuine. The applicant sought to have this decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine and full-time, and whether appropriate labour market testing had been conducted. The Tribunal was required to assess the evidence presented regarding the advertisement of the position and the circumstances of the nominee's employment.

The Tribunal noted that the nominee, who is the applicant's nephew, had been employed by the nominator from 2017 until April 2021 but was unable to continue his employment due to the COVID-19 pandemic. The nominee was then working in Queensland as a restaurant manager. While the Tribunal acknowledged that the nominator had provided evidence of labour market testing, including advertisements on "Seek" and "Indeed," it ultimately found that it was not satisfied that the position associated with the nominated occupation was genuine. The Tribunal also noted that the nominee was no longer employed by the nominator and no contract of employment material was provided.

Consequently, the Tribunal affirmed the delegate's decision not to approve the nomination. The Tribunal concluded that the applicant had not met the applicable criteria for the nomination to be approved.