MY MR STONEBOWL PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of MY MR STONEBOWL PTY LTD concerning the approval of a nominated position for a Restaurant Manager. The dispute arose from the decision to refuse the nomination, which the applicant sought to have reviewed by the Tribunal. The Tribunal's role was to determine whether the applicant met the criteria for the approval of the nomination under the relevant migration regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied the labour market testing requirements as mandated by section 140GBA of the Migration Act 1958 and the associated legislative instrument LIN 18/036. This condition requires a standard business sponsor nominating an occupation to demonstrate that no suitably qualified and experienced Australian citizen or permanent resident is readily available to fill the position. The Tribunal also had to consider whether any exemptions to this requirement applied, and if the evidence provided by the applicant adequately supported the nomination in accordance with the prescribed regulations.

The Tribunal reasoned that the labour market testing condition was applicable to this nomination, as no exemptions under sections 140GBB or 140GBC were claimed or evident, nor had the Minister made any determination regarding international trade obligations. The Tribunal noted that for nominations made on or after 18 March 2018, no occupations were specified for skill or qualification-based exemptions. The Tribunal found that the applicant had not met the requirements for labour market testing, which necessitates advertising the nominated position on the Employment Department’s Jobactive website, among other evidentiary requirements.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.