Wanta Aboriginal Corporation (Migration)

[2023] AATA 2865

Wanta Aboriginal Corporation (Migration) [2023] AATA 2865 (17 August 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Wanta Aboriginal Corporation

CASE NUMBER:  2004182

HOME AFFAIRS REFERENCE(S):          BCC2020/481527

MEMBER:Andrew McLean Williams

DATE:17 August 2023

PLACE OF DECISION:  Brisbane

DECISION:The decision to refuse the Applicant’s application for approval of a subclass 482 nomination is affirmed.

Statement made on 17 August 2023 at 1:30pm

CATCHWORDS 
MIGRATION – nomination – applicant failed to provide the requested information within the prescribed period– no evidence before the Tribunal of the Applicant having engaged in labour market testing – decision under review affirmed 

LEGISLATION
Migration Act 1958, ss 65, 140GBA, 359
Migration Regulations 1994, r 2.72

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a Delegate of the Minister for Immigration to refuse to approve a nomination under s.140GB of the Migration Act 1958 (Cth) (‘the Act’) and reg. 2.72 of the Migration Regulations 1994 (Cth) (‘the Regulations’).

2. The Applicant applied for approval of the nomination for a position for a short-term youth worker on 18 February 2020.

3. On 24 February 2020 the Delegate decided not to approve the nomination on the basis that the Applicant had not provided any evidence that they had undertaken labour market testing, as is required in order to meet the requirements specified in subsection 140GBA(3), which applies to s.140GB.

4. This application for review was filed before the Tribunal on 3 March 2023. On 13 July 2023, the Tribunal wrote to the Applicant pursuant to s.359(2) of the Migration Act, inviting the submission of evidence, including evidence of relevant labour market testing for the nominated position by no later than 27 July 2023.

5. As at the date of these reasons no further evidence or submissions have been received by the Tribunal from the Applicants.

6. There is no relevant exemption contained in the applicable regulations to show that the Applicant is exempt from standard labour market testing requirements. Accordingly the provisions of section 140GBA(3) are applicable, and the Applicant is required to show evidence of labour market testing in order to obtain Ministerial approval for the nominated position.

7. There is no evidence before the Tribunal of the Applicant having engaged in labour market testing. Accordingly the Tribunal determines that there is no evidential basis on which to be able to conclude that the Applicant satisfies the requirements of s.140GBA of the Migration Act.

   DECISION

8. The Tribunal affirms the decision to refuse the Applicant’s application for approval of a subclass 482 nomination.

   Andrew McLean Williams
   Member