Time Planning and Programming (Migration)

This matter concerned an application for approval of a nomination for a position, brought before the Tribunal by Amanda Mendes Da Costa. The central dispute revolved around whether the applicant had met the labour market testing requirements stipulated by the *Migration Regulations 1994*. The applicant had provided evidence of advertisements for the nominated position, but these advertisements had been placed more than four months prior to the lodging of the nomination application.

The Tribunal was required to determine if the applicant had satisfied the labour market testing requirements as set out in section 140GBA of the *Migration Act 1958* and the relevant legislative instrument, LIN 18/036. Specifically, the court needed to consider whether the labour market testing had been undertaken within the prescribed period and if the evidence provided demonstrated that no suitably qualified and experienced Australian citizen or permanent resident was readily available to fill the position. The Tribunal also considered the applicant's failure to provide any current information regarding its business or the nominated position, despite an invitation to do so.

The Tribunal reasoned that the labour market testing requirements mandate that such testing be undertaken within a prescribed period, and that the advertisements provided by the applicant were significantly outside this timeframe. Furthermore, the Tribunal noted the absence of any updated information from the applicant since the delegate's decision was made approximately 38 months prior, meaning there was no current information before the Tribunal regarding the applicant's business, the nominated position, or its ongoing labour market testing obligations.

Consequently, the Tribunal was not satisfied that the applicant had met the applicable criteria for the nomination to be approved. The decision under review, which refused the nomination, was affirmed.