Hong Ngoc Pty Ltd (Migration)

This matter concerned an application by Hong Ngoc Pty Ltd for the approval of a nominated position under the Subclass 457 (Temporary Work (Skilled)) visa program. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the approval of the nomination, specifically in relation to the genuineness of the position and whether the terms and conditions of employment offered to the nominee were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location.

The Tribunal considered the requirements of the Migration Regulations 1994, particularly regulation 2.72, which outlines the criteria for the approval of a nomination. The core legal issues revolved around whether the nominated position was genuine and whether the proposed employment terms met the "no less favourable" threshold stipulated in paragraph 2.72(10)(c). This involved an examination of the definition of "earnings" under regulation 2.57A and the method for determining equivalent terms and conditions where no Australian citizen or permanent resident performs similar work, as specified in instrument IMMI 09/113.

The Tribunal found that the applicant had not satisfied all the applicable criteria prescribed by the Regulations for the nomination to be approved. While the specific reasons for the non-satisfaction are not detailed in the provided text, the Tribunal's conclusion indicates a failure to demonstrate that the nominated position was genuine or that the proposed employment terms met the required standard. Consequently, the Tribunal affirmed the decision under review, which was the refusal to approve the nomination.