Financial Wealth Advisers Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of an employer nomination for a migration visa. The applicant was Financial Wealth Advisers Pty Ltd, a small financial planning and accounting practice, and the nominee was an Accountant and Development Manager. The core of the dispute revolved around whether the employer's nomination met the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position and the terms of employment satisfied the criteria for approval under the Direct Entry nomination stream. Specifically, the Tribunal had to assess whether there was a genuine need for the employee, whether the salary and conditions were no less favourable than those offered to Australian citizens or permanent residents in equivalent roles, and whether the nominator had a satisfactory record of compliance with workplace relations laws. The Tribunal also considered the genuineness of the need for the position and whether it could be filled by an Australian citizen or permanent resident.

In its reasoning, the Tribunal found that the salary offered to the nominee was at the upper end of the salary range and that the job description aligned with that of an Accountant (General). It was satisfied that the terms and conditions of employment were equivalent to those of other employees with similar experience performing equivalent work. The Tribunal also noted that the bank statements confirmed the salary payments as stated in the employment contract, thus meeting the requirements of regulation 5.19(4)(e). Furthermore, the Tribunal found no adverse information known to Immigration regarding the nominator and concluded that both parties demonstrated an understanding of appropriate workplace relations expectations, satisfying regulations 5.19(4)(f) and 5.19(4)(g). The Tribunal also addressed regulation 5.19(4)(h)(ii), finding a genuine need for the position that could not be filled by an Australian citizen or permanent resident.

Consequently, the Tribunal set aside the original decision under review and substituted it with a decision approving the nomination.