EM Build Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by EM Build Pty Ltd for approval of a nominated position under the Temporary Residence Transition stream. The core of the dispute concerned whether EM Build Pty Ltd had satisfied all the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the nomination to be approved.

The Tribunal was required to determine if EM Build Pty Ltd had met the criteria for the Temporary Residence Transition nomination stream, specifically focusing on regulation 5.19(3)(e), which mandates that the terms and conditions of employment for the nominated position must be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work in the same location. The Tribunal also considered whether the applicant had met the general requirements for nomination approval under regulation 5.19(3) and, by extension, regulation 5.19(4) concerning the Direct Entry nomination stream.

The Tribunal affirmed the decision to refuse the nomination because it was not satisfied that EM Build Pty Ltd had met the requirements of regulation 5.19(3)(e). The Tribunal noted a lack of contemporary information demonstrating that the terms and conditions of employment for the nominee would be no less favourable than those offered to an Australian citizen or permanent resident in an equivalent role. As the applicant had not sought to satisfy the criteria for the Direct Entry nomination stream, and therefore had not met the requirements of regulation 5.19(4), the nomination could not be approved. Consequently, the Tribunal affirmed the original decision to refuse the nomination.