1514878 (Migration)

This matter concerned an application for approval of a nomination under the Direct Entry stream, specifically under regulation 5.19(4) of the Migration Regulations 1994. The applicant sought to have a nomination for a CEO position approved, which had been refused by the delegate. The Administrative Appeals Tribunal was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination under regulation 5.19(4). This included, but was not limited to, whether the terms and conditions of employment for the nominated position were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work in the same location, as stipulated by regulation 5.19(4)(e).

The Tribunal considered the evidence provided by the applicant, including a letter from a migration agent and several job advertisements from seek.com, which suggested the proposed salary of $185,000 plus superannuation met the current market rate for a CEO. However, the Tribunal expressed difficulty in accepting this evidence as sufficient to establish the baseline terms and conditions for the nominated position. The Tribunal noted that most of the advertisements were not in a similar industry to the applicant's business and were located in different geographical areas. Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.