SHREE SAI GLOBAL PTY LTD (Migration)

This matter concerned an appeal by SHREE SAI GLOBAL PTY LTD against a decision to refuse the nomination of Jagpreet for the occupation of Hairdresser. The dispute centred on whether the applicant had satisfied the criteria for approval of the nomination, specifically concerning the base rate of pay for the nominated employee. The decision was made by R. Skaros, Senior Member, of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had demonstrated that the base rate of pay for the nominated employee, Jagpreet, would be greater than the Temporary Skilled Migration Income Threshold (TSMIT), as required by regulation 2.72(10)(cc) of the Migration Regulations 1994. This regulation mandates that the terms and conditions of employment, including the base rate of pay, must be no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work at the same location.

The Tribunal considered the evidence before it, including the nomination form and contract of employment, which indicated a base rate of pay of $54,100. The Tribunal noted that regulation 2.72(10AB) provides an exemption from the requirements of regulation 2.72(10)(c) and (cc) if the annual earnings of the nominee are equal to or greater than $250,000. As the specified base rate of pay was significantly below this threshold, the exemption did not apply. The Tribunal found that the applicant had not provided further evidence to satisfy the delegate, and subsequently the Tribunal, that the base rate of pay would exceed the TSMIT.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.