Lincz Pty Ltd (Migration)

This matter concerned an appeal by Lincz Pty Ltd against a decision to refuse its nomination for a visa. The core of the dispute revolved around whether the applicant had met the labour market testing (LMT) requirements as mandated by the Migration Regulations 1994. The decision was made by Alison Mercer, a Member of the Tribunal.

The legal issues before the Tribunal were whether Lincz Pty Ltd had satisfied the labour market testing requirements under section 140GBA of the Migration Act 1958, and whether any applicable occupational exemptions under sections 140GBB-140GBC of the Act were met. The Tribunal was required to determine if the evidence provided demonstrated that a suitably qualified and experienced Australian citizen or permanent resident was not readily available to fill the nominated position, and if the LMT was conducted within the prescribed period and in the manner determined by the relevant legislative instrument.

The Tribunal affirmed the decision to refuse the nomination, finding that the LMT requirements had not been met. The Tribunal noted that section 140GBA mandates LMT unless specific exemptions apply or international trade obligations dictate otherwise. To satisfy this condition, the testing must occur within a 12-month period preceding the nomination application, be accompanied by specified evidence of recruitment attempts, and demonstrate that no suitably qualified Australian was available. The Tribunal concluded that Lincz Pty Ltd had failed to provide sufficient evidence to satisfy these criteria, and that no occupational exemption applied in this instance.