Signature Tastes Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision by the Department of Home Affairs to refuse the approval of a nominated position for a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream. The applicant, Signature Tastes Pty Ltd, sought to nominate a Pastry Cook position. The Department's refusal was based on concerns that the nominated position was not genuine and that labour market testing requirements had not been adequately met.

The Tribunal was required to determine whether the nominated position was genuine and whether the applicant had satisfied the labour market testing requirements as stipulated by the Migration Regulations 1994. Specifically, the Tribunal had to assess if the applicant had provided sufficient evidence to demonstrate that the position aligned with the business's activities and that genuine efforts had been made to recruit an Australian worker for the role. The court also considered the applicant's response, or lack thereof, to a request for further information from the Department.

The Tribunal affirmed the Department's decision to refuse the nomination. It found that the applicant had not provided sufficient evidence to satisfy the requirement that the nominated position was genuine. While the applicant provided some documentation, including a Seek advertisement and an offer of employment, the Tribunal noted that the advertisement was placed only two months prior to the application and lacked evidence regarding the qualifications and experience of any interviewed candidates. Furthermore, the Tribunal found no evidence on file to demonstrate that the labour market testing conducted by the applicant, which was stated to have commenced on 23 May 2018 and lasted for three months, had actually occurred over that period. The applicant also failed to respond to a departmental letter dated 10 July 2018, which sought crucial information to substantiate the genuineness of the position and the recruitment process.