Newtrend I.T. Specialists Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Newtrend I.T. Specialists Pty Ltd's application for approval of a nomination for a Temporary Skill Shortage visa, medium-term stream, for the position of Computer Network and Systems Engineer. The core dispute revolved around whether Newtrend I.T. Specialists Pty Ltd met the criteria for the nomination to be approved, particularly concerning the annual market salary rate and labour market testing requirements.

The Tribunal was required to determine if Newtrend I.T. Specialists Pty Ltd satisfied all applicable criteria under regulation 2.72 of the Migration Regulations 1994 and section 140GBA of the Migration Act 1958. This included assessing whether the applicant was an approved sponsor, had paid any relevant charges, met labour market testing obligations, and if the nominated occupation was specified in the relevant legislative instrument. The Tribunal also needed to consider the nominee's salary in relation to the relevant award and the classification and salary of the nominated position.

The Tribunal reasoned that the applicant had provided substantial documentary evidence, including financial statements, business activity statements, tax returns, a position description, the nominee's skills assessment and contract, an organisational chart, and details of labour market testing advertisements. After reviewing this evidence and further submissions regarding the nominee's salary determination under the relevant award, the Tribunal found that the applicant met all the necessary criteria. Specifically, it was satisfied that the nominee's salary met the requirements, there was no adverse information known to Immigration, the applicant was a standard business sponsor, and the nominated occupation was correctly specified.

Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.