Anshumann Da Dhaba Pty Ltd (Migration)

Anshumann Da Dhaba Pty Ltd sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a refusal to approve its nomination of a position under the medium-term stream of the Temporary Skill Shortage (TSS) visa program. The core of the dispute concerned whether the nominee’s proposed earnings met the legislative requirements for the nominated position.

The primary legal issue before the Federal Court was whether the Minister’s delegate erred in finding that the nominee’s proposed earnings of $70,000 per annum were less than the annual market salary rate for the nominated position, and consequently, whether the delegate was correct in affirming the refusal of the nomination. The court was required to consider the evidence before the delegate and the applicable legislative provisions governing the nomination process.

The court affirmed the delegate's decision, finding that the delegate had properly considered the available information regarding the market salary rate for the nominated position. The delegate had noted that the nominee’s proposed earnings were below the relevant threshold and that the applicant had failed to provide updated or current information to demonstrate compliance with the legislative requirements. In the absence of such information or any other response from the applicant, the delegate was entitled to conclude that the nomination did not meet the criteria. The court found no error in the delegate's reasoning or application of the law.