YAAC Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by YAAC Pty Ltd concerning the refusal of a nomination for a Motor Mechanic (General) position. The dispute centred on whether the applicant met the necessary criteria for the nomination to be approved, specifically in relation to labour market testing requirements.

The Tribunal was required to determine if YAAC Pty Ltd had satisfied the labour market testing requirements as stipulated in section 140GBA of the Migration Act 1958 and the relevant legislative instrument, LIN18/036. This involved assessing the evidence provided by the applicant regarding advertising for the nominated position and whether the nominee met the criteria for international recognition as a motor mechanic.

The Tribunal affirmed the delegate's decision to refuse the nomination, finding that the applicant had not met the labour market testing requirements. While the applicant provided various documents, including a skills assessment, financial statements, and a genuineness of position report, the Tribunal was not satisfied that sufficient evidence of advertising for the position had been presented. Furthermore, the Tribunal noted the absence of evidence demonstrating that the nominee possessed international recognition as a motor mechanic, a point raised by the delegate. Consequently, the Tribunal concluded that the criteria for approving the nomination, as outlined in regulation 2.72 of the Migration Regulations 1994, were not met.

The Tribunal affirmed the decision under review and refused the nomination.