Satzas Pty Ltd (Migration)

This matter concerned an application by Satzas Pty Ltd for approval of a nomination under the Temporary Residence Transition nomination stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the terms and conditions of employment for the nominated position would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work in the same workplace. Regulation 5.19(3)(e) mandates this condition for the approval of a nomination. The Tribunal also considered whether the applicant had satisfied the requirements of regulation 5.19(3) generally, and whether the criteria for the Direct Entry nomination stream had been met, as the applicant had not sought to satisfy these.

The Tribunal found that it had no contemporary information before it to satisfy itself that the terms and conditions of employment for the nominated position would be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. Consequently, the Tribunal was not satisfied that the applicant had met the requirements of regulation 5.19(3)(e). As the applicant had not sought to satisfy the criteria for the Direct Entry nomination stream, the Tribunal concluded that the nomination could not be approved.

The Tribunal affirmed the decision under review to refuse the nomination.