THE SQUEAKY CLEAN TEAM PTY LTD (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of a position by The Squeaky Clean Team Pty Ltd under the Temporary Residence Transition nomination stream. The dispute centred on whether the applicant met the requirements for approval of the nomination, specifically concerning the terms and conditions of employment for the nominated individual.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied all the requirements of regulation 5.19(3) of the Migration Regulations 1994. Crucially, this included assessing 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 location, as stipulated by regulation 5.19(3)(e).

The Tribunal found that the applicant had failed to satisfy regulation 5.19(3)(e) because it did not provide the nominee's employment agreement to the department or the Tribunal. Furthermore, the applicant did not provide financial statements demonstrating their ability to pay the nominated person's wages. In the absence of this contemporary information, the Tribunal was not satisfied that the terms and conditions of employment for the nominee would be no less favourable than those offered to an Australian citizen or permanent resident in an equivalent role. Consequently, the Tribunal affirmed the decision to refuse the nomination.