THE FIELD HOSPITALITY GROUP PTY LTD (Migration)

This matter concerned an application by THE FIELD HOSPITALITY GROUP PTY LTD for the approval of a nomination for a visa. The dispute arose because the applicant failed to provide requested information within the prescribed period and did not comply with the detailed requirements for labour market testing. The decision under review was affirmed by the Tribunal.

The legal issues before the Tribunal were whether the applicant met the applicable criteria for the nomination to be approved, specifically concerning the provision of requested information and compliance with labour market testing requirements under the Migration Regulations 1994. The Tribunal was required to determine if the applicant had satisfied the criteria for a nomination under the Medium and Long Term Stream of the Temporary Skill Shortage (TSS) visa program.

The Tribunal, presided over by Member Karen McNamara, affirmed the decision not to approve the nomination. The reasoning was based on the applicant's failure to provide requested information within the stipulated timeframe and their non-compliance with the specific requirements for labour market testing. These failures meant that the applicant did not satisfy the necessary criteria for the nomination to be approved under the relevant regulations.

Consequently, the Tribunal affirmed the decision of the delegate to refuse to approve the nomination.