Sandringham Yacht Club Inc (Migration)

The Administrative Appeals Tribunal considered a decision concerning the approval of a nomination for the position of Chef. The applicant, Sandringham Yacht Club Inc, sought to have a decision not to approve its nomination set aside. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) of the Migration Act 1958 and relevant regulations, including labour market testing requirements.

The Tribunal was tasked with assessing whether the applicant, Sandringham Yacht Club Inc, was an approved sponsor, had met labour market testing obligations, and whether the nominated position and nominee satisfied various regulatory requirements. This involved examining evidence of the applicant's business operations, the nominee's qualifications and English language proficiency, and the terms and conditions of employment. The Tribunal also had to consider whether there was any adverse information known to Immigration about the applicant or associated persons, and whether the nominated occupation was specified in the relevant legislative instrument.

In its reasoning, the Tribunal found that the applicant had provided sufficient evidence to satisfy the requirements of Regulation 2.72 of the Migration Regulations 1994. This included evidence of the applicant's status as a standard business sponsor, the nominee's successful skills assessment, and the provision of a contract of employment detailing salary and superannuation. The Tribunal was satisfied that the labour market testing conducted by the applicant, including advertisements on Seek, Indeed, and Aus-wide, met the legislative requirements. Furthermore, the Tribunal found no adverse information and confirmed that the nominated occupation, Chef (ANZSCO 351311), was specified in the relevant instrument.

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