Les Deux Coqs Pty Ltd (Migration)

Les Deux Coqs Pty Ltd sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a nomination for a skilled migration visa under the Direct Entry stream. The applicant, Les Deux Coqs Pty Ltd, had nominated an individual for the position of Butcher or Smallgoods Maker. The core of the dispute revolved around whether the nominated position was genuine and whether the employer had met the relevant labour market testing requirements.

The primary legal issues before the court were whether the nominated position of Butcher or Smallgoods Maker was a genuine vacancy, and whether the applicant had satisfied the requirements for labour market testing. Specifically, the court had to consider whether the position had been advertised within the 12-month period prior to the nominee's employment and whether the proposed employment aligned with the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The court also considered the significance of the applicant's extensive business plan in assessing the genuineness of the position.

The court found that the nominated position was genuine, noting that the applicant had provided an extensive business plan that demonstrated the need for the role. Furthermore, the court was satisfied that the position aligned with the ANZSCO classification for Butcher or Smallgoods Maker. Crucially, the court determined that the labour market testing requirements had been met, as the position had been advertised within the relevant 12-month period prior to the nominee commencing employment. Consequently, the court set aside the decision under review.