Meath Care Inc (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Meath Care Inc for review of a decision by the Department of Home Affairs to refuse approval of a nomination for a visa. The nomination concerned a position of Admissions and Liaison Coordinator, which Meath Care Inc sought to fill under the Short-term stream. The Department's refusal was based on concerns that the nominated position was not genuine, was not full-time, and that the proposed salary did not meet the annual market salary rate for the nominated occupation.

The Tribunal was required to determine whether the position of Admissions and Liaison Coordinator was a genuine and full-time position, and whether the proposed salary met the annual market salary rate. Furthermore, the Tribunal had to consider whether the tasks of the position corresponded to the nominated occupation, and whether the admissions role was an integral part of the position's classification. The Tribunal also had to assess whether Meath Care Inc had undertaken adequate labour market testing by reviewing advertisements for equivalent positions.

In its reasoning, the Tribunal found that the nominated position was genuine and full-time, and that the tasks performed by the employee corresponded to the nominated occupation. However, the Tribunal determined that the admissions role was not part of the position's classification. Crucially, the Tribunal found that Meath Care Inc had failed to conduct adequate labour market testing, as the advertisements reviewed did not accurately reflect equivalent positions. Consequently, the Tribunal set aside the Department's decision and substituted a new decision to approve the nomination.