RENOVISION HOLDINGS PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by RENOVISION HOLDINGS PTY LTD concerning the approval of a nominated position under the medium-term stream of the Employer Nomination scheme. The nominated occupation was that of a bricklayer. The core of the dispute revolved around whether the applicant had satisfied the relevant labour market testing requirements.

The Tribunal was required to determine whether RENOVISION HOLDINGS PTY LTD met the criteria for the approval of the nominated position, specifically focusing on the labour market testing obligations stipulated in section 140GBA of the relevant regulations. The Tribunal also had to consider whether the applicant was an approved work sponsor and met the requirements of regulation 2.72, as mandated by section 140GB(2).

The Tribunal's reasoning centred on the evidence presented, which indicated a failure to meet the labour market testing requirements under section 140GBA. As a consequence of this non-compliance, the Tribunal was not satisfied that the applicant had met the applicable criteria for the nomination to be approved. Therefore, the Tribunal affirmed the original decision to refuse the nomination.