Heights Pet Hospital Services PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision by the Department of Home Affairs to refuse the approval of a nomination for a veterinarian position under the Medium-term stream. The applicant, Heights Pet Hospital Services Pty Ltd, a veterinary practice in Singleton, NSW, sought to recruit veterinarians. The Department refused the nomination application on 7 March 2019, and the applicant lodged an application for review with the AAT the following day.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination, specifically concerning labour market testing (LMT) requirements and the payment of the nomination training contribution charge. The applicant's authorised officer conceded that recent LMT had not been conducted but argued it should be overlooked as labour market conditions had not changed since previous testing. The applicant also sought a refund of the review application fee, stating it was lodged "in error" due to a "panic" filing and the use of an "old nomination."

The Tribunal affirmed the Department's decision to refuse the nomination. The Tribunal noted that while it empathised with the applicant's difficulties in recruiting staff, the applicant had failed to meet the mandatory LMT requirements under section 140GBA of the Act and relevant regulations. Furthermore, the applicant's explanation that the application was lodged in error and that there was "nothing to appeal" did not constitute a formal withdrawal request. The Tribunal also noted that the applicant's ABN status had been cancelled since April 2020. Consequently, the Tribunal found that the applicant had not satisfied the criteria for the approval of the nomination.