INDIAN TERRACE PTY LTD (Migration)

The Administrative Appeals Tribunal considered a decision by the Minister not to approve a nomination made by Indian Terrace Pty Ltd for the occupation of Chef. The applicant sought to have the nomination approved under the Migration Regulations 1994, specifically concerning criteria for a Subclass 457 visa nomination. The core of the dispute revolved around whether the applicant met the necessary requirements to be considered an approved sponsor and whether the proposed terms and conditions of employment for the nominee were sufficiently favourable.

The Tribunal was required to determine if the applicant satisfied the criteria for approval of the nomination, as stipulated by section 140GB(2) and regulation 2.72 of the Migration Regulations. Specifically, the Tribunal had to assess whether the nominator was a standard business sponsor or a party to a work agreement, and whether the terms and conditions of employment offered to the nominee would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location. The applicant's failure to provide information to the Tribunal after 2018 was a significant factor in the assessment.

The Tribunal affirmed the decision not to approve the nomination. It found that the applicant had not provided sufficient evidence to satisfy the Tribunal that it was a standard business sponsor or a party to a work agreement at the time of the decision, as required by regulation 2.72(4). Furthermore, the applicant had failed to respond to the Tribunal's invitation for further information, and no information had been submitted since July 2018. Consequently, the Tribunal concluded that the applicant did not meet the essential criteria for the nomination to be approved.