VISHVAM PTY LTD AS TRUSTEE FOR THE VISHVAM UNIT TRUST (Migration)

The matter before the Tribunal concerned an application by Vishvam Pty Ltd as Trustee for the Vishvam Unit Trust for approval of a nominated position under the Direct Entry nomination stream. The core dispute revolved around whether the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the terms and conditions of employment for the nominated position.

The Tribunal was required to determine if the terms and conditions of employment applicable to the nominated position were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work in the same workplace and location, as stipulated by reg 5.19(4)(e). This involved assessing the adequacy and currency of the evidence provided by the applicant regarding remuneration and comparative employment arrangements.

In its reasoning, the Tribunal noted a significant lack of contemporary, probative documentary evidence to satisfy the requirements of reg 5.19(4)(e). Despite an invitation to provide updated information and an opportunity to attend a hearing, the applicant failed to furnish sufficient contemporary evidence, particularly for the most recently completed financial year and the period thereafter. The Tribunal found that the remuneration information provided, a PAYG payment summary for the financial year ending 30 June 2020, was insufficient to establish the appropriateness of the employment arrangements in the current market, especially in the absence of comparable data for equivalent roles or for the most recent financial periods. This dearth of evidence created doubt regarding the contemporary favourableness of the terms and conditions of employment.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, as it was not satisfied that the applicant had met the requirements of regulation 5.19(4).