Uno Caffe Pty Ltd (Migration)

This matter concerned an appeal by Uno Caffe Pty Ltd against a decision not to approve its nomination for a position of Chef. The dispute centred on whether the labour market testing conducted by the company in relation to the nominated position met the requirements of the relevant legislative instrument, specifically instrument LIN 18/036.

The primary legal issue before the Tribunal was to determine whether the labour market testing undertaken by Uno Caffe Pty Ltd for the nominated Chef position was conducted in accordance with the requirements of instrument LIN 18/036, and consequently, whether the nomination met the criteria for approval under regulation 2.72 of the Migration Regulations 1994. This involved assessing the adequacy of the detail provided in the job advertisements and whether they satisfied the prescribed methods and content for such advertising.

The Tribunal affirmed the decision not to approve the nomination. It found that the labour market testing, as evidenced by the job advertisements submitted, lacked sufficient detail regarding the position, required skills, and experience. The Tribunal noted that the manner in which labour market testing is to be conducted and the types of evidence required are set out in instrument LIN 18/036, which mandates specific details in advertisements. In the absence of updated and current information demonstrating compliance with these requirements, the Tribunal was unable to be satisfied that the criteria under regulation 2.72 were met.