ROAN INVESTMENTS PTY LTD (Migration)

This matter concerned an application by ROAN INVESTMENTS PTY LTD for approval of a nomination of a position for a Subclass 457 visa. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria for approval of the nomination, specifically in relation to the terms and conditions of employment for the nominee. The Tribunal had invited the applicant to provide current information, but no response was received.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.72 of the Migration Regulations 1994, particularly subregulation (10)(c), which mandates that the terms and conditions of employment for the nominee must be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location. The Tribunal also considered the definition of "earnings" under regulation 2.57A and the method for determining terms and conditions where no equivalent Australian employees exist, as prescribed by regulation 2.72(10AA). The Tribunal noted that an exemption under regulation 2.72(10AB) did not apply in this case.

The Tribunal affirmed the decision not to approve the nomination. It found that the applicant had declared no Australian employees performing equivalent work and had stated the nominee's guaranteed annual earnings as $60,000, despite submitting an employment contract for $63,000. The Tribunal carefully considered the material submitted to the Department, but ultimately concluded that the applicant had not demonstrated compliance with the relevant criteria, particularly concerning the terms and conditions of employment. The Tribunal's decision was to affirm the original decision to refuse approval of the nomination.