SHARP TOOLING (AUST) PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by SHARP TOOLING (AUST) PTY LTD concerning the approval of a nomination for a position under the medium-term stream. The dispute arose from a decision not to approve the nomination, which the applicant sought to have set aside. The Tribunal, constituted by Wan Shum, was tasked with determining whether the applicant met the necessary criteria for the nomination to be approved.

The primary legal issues before the Tribunal were whether the nominated position was genuine, whether the applicant had met the labour market testing requirements, and whether the nominated occupation, Metal Machinist (First Grade), corresponded to an occupation specified by the Minister. The Tribunal also had to consider various regulatory requirements, including whether the nominator was an approved standard business sponsor, whether any debts had been paid, and whether there was any adverse information known to Immigration.

The Tribunal reasoned that the applicant met all applicable criteria. It found that the nominated occupation was on the Medium and Long-term Strategic Skills List. Regarding the genuineness of the position, the Tribunal noted that the nominee was already working in the role and that there was a skills shortage in the sector, aligning with the qualitative assessment approach approved in *Cargo First Pty Ltd v MIBP* [2016] FCA 30. The Tribunal also found that the labour market testing requirements, as set out in LIN 18/036, were satisfied, noting that while the advertisement did not include a salary, the summary provided an hourly rate consistent with industry practice. The Tribunal confirmed the applicant was an approved standard business sponsor, had no known outstanding debts, and that the nominee had not previously held a Subclass 457 or Subclass 482 visa, thus rendering certain regulatory provisions inapplicable.

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