Think Solar Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Think Solar Pty Ltd for a Marketing Specialist position. The applicant sought to have the decision not to approve the nomination set aside and substituted with a decision to approve it. The Tribunal was required to determine whether the applicant met the various criteria for approval of a nomination under the Migration Regulations 1994, including whether the nominated occupation was specified, the terms and conditions of employment were appropriate, and the position was genuine.

The Tribunal's reasoning focused on assessing the applicant's compliance with each relevant regulation. It confirmed that the nomination was made using the approved form and fee, the nominated occupation was listed in the relevant instrument, and the applicant was a standard business sponsor. The Tribunal also found that the nominee was correctly identified and that no adverse information was known to Immigration. Crucially, regarding the terms and conditions of employment, the Tribunal considered broader labour market data and the specific tasks of the position, concluding that they would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. The Tribunal also noted that labour market testing was not applicable in this instance.

Based on its assessment, the Tribunal concluded that the applicant met all applicable criteria for the nomination to be approved. Consequently, the Tribunal set aside the original decision not to approve the nomination and substituted it with a decision approving the nomination.