Impact Facility Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision by the Minister to refuse a nomination for a visa. The applicant, Impact Facility Pty Ltd, sought to have this decision reviewed. The core of the dispute concerned whether the applicant had met the legislative requirements for approving the nomination, particularly concerning labour market testing.

The Tribunal was required to determine if the applicant had satisfied the labour market testing requirements as stipulated in section 140GBA of the Migration Act 1958 (Cth). This involved assessing whether the applicant had provided sufficient evidence to demonstrate that a suitably qualified and experienced Australian citizen or permanent resident was not readily available to fill the nominated position, and whether this testing was conducted within the prescribed period and in the manner determined by legislative instrument.

The Tribunal found that the applicant had provided insufficient evidence to ascertain whether the labour market testing had been undertaken in accordance with the legislative provisions. Section 140GBA mandates specific evidence and procedures for such testing, including information about Australian redundancies and the timing of the testing relative to those events. Despite being invited to provide further information, the applicant failed to do so within the prescribed period. Consequently, the Tribunal concluded that the labour market testing requirements were not met.

The Tribunal affirmed the decision under review to refuse the nomination.