Tribunal: Member Rania Skaros

The applicant was a partnership who operated a bakery. The applicant applied to the Department of Immigration and Border Protection (the Department) for approval of the nomination of a Baker for a subclass 457 visa. The Department refused to approve the nomination and the applicant applied to the AAT for a review of the decision.

Applicants seeking nomination approval must meet a list of requirements set out in the Migration Regulations 1994.[1] The issue for the AAT in this review was whether the requirement that the terms and conditions of employment of a nominee are no less favourable than those that are, or would be, provided to an equivalent Australian citizen worker was satisfied. The “terms and conditions of employment” included the salary the applicant would offer the nominee.

The applicant indicated in the nomination application that the nominee’s base salary would be $96,400 and over $100,000 with the inclusion of superannuation. The evidence before the AAT was that an Australian citizen performing equivalent work at the same location would normally get an annual salary of $52,000 and $82,000.

The AAT was not satisfied that the nominee’s earnings would be the amount proposed or that he would receive an annual salary at all. The AAT was not satisfied that the applicant had the financial capacity to pay the salary after reviewing the applicant’s most recent financial report.

The AAT affirmed the department’s decision to refuse the application finding the applicant did not meet the requirements for approval of the nomination.

Read the full decision on AustLII.

 

[1] Regulation 2.72 of the Migration Regulations 1994.