1507772 (Migration)

This matter concerned an appeal by an applicant against the Tribunal's decision to affirm the refusal of a nomination. The core dispute revolved around whether the applicant had met the criteria for approving the nomination, specifically concerning the terms and conditions of employment offered to the nominee.

The Tribunal was required to determine if the applicant had satisfied the requirements of regulation 2.72(10)(c) of the Migration Regulations 1994. This regulation mandates that the terms and conditions of employment for a nominee must be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location. The Tribunal also considered the definition of "earnings" under regulation 2.57A and the process for determining terms and conditions when no equivalent Australian workers are employed at the location, as outlined in regulation 2.72(10AA).

The Tribunal found that it lacked contemporary information to assess whether Australian citizens or permanent residents were performing equivalent work at the applicant's workplace. Consequently, it could not give weight to outdated pay rate information from February 2015. Based on the available evidence, the Tribunal was not satisfied that the nominee's employment conditions would be no less favourable than those offered to an Australian equivalent, leading to the conclusion that regulation 2.72(10)(c) had not been met.

The Tribunal affirmed the decision under review to refuse the nomination.