Gold Coast Marine Aquaculture (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Gold Coast Marine Aquaculture concerning the refusal to approve a nominated position for a visa. The applicant sought to nominate an Aquaculture Farmer under the medium-term stream. The core of the dispute revolved around whether the applicant had met the labour market testing requirements, or if a valid exemption applied.

The Tribunal was required to determine if the applicant had satisfied the labour market testing condition as stipulated by section 140GBA of the relevant legislation. Specifically, the Tribunal had to assess whether the applicant's claim of a major disaster exemption, due to white spot disease affecting their business, was valid and supported by sufficient evidence, or if other applicable exemptions under sections 140GBB-140GBC were met. The Tribunal also considered whether the nomination otherwise met the criteria prescribed in regulation 2.72 of the Migration Regulations 1994.

The Tribunal affirmed the delegate's decision to refuse the nomination. It found that the applicant had not provided sufficient evidence to demonstrate that they had undertaken labour market testing or that a valid exemption applied. While the applicant asserted that white spot disease prevented them from conducting labour market testing and that it was impractical to do so, the Tribunal noted that this communication was sent over three years prior to the current review and no further relevant evidence had been provided to support the claim of an exemption. The Tribunal concluded that, in the absence of satisfactory evidence of compliance with labour market testing or a valid exemption, the applicant did not meet the prescribed criteria for the approval of the nomination.