Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Choong Enterprises Pty Ltd (No 2) [2015] FCA 553 Citation: Minister for Immigration and Border Protection v Choong Enterprises Pty Ltd (No 2) [2015] FCA 553
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v CHOONG ENTERPRISES PTY LTD, RONALD KHEONG HUAT CHOONG and KIM CHOONG
File number: NTD 34 of 2014
Judge: MANSFIELD J
Date of judgment: 4 June 2015
Catchwords: MIGRATION – contraventions of Reg 2.79 of the Migration Regulations 1994 (Cth) – orders for restitution in respect of the underpayment of wages to sponsored employees – calculation of restitution under s 486S of the Migration Act 1958 (Cth) – whether restitution is calculated using the prescribed base rate fixed for the purposes of s 104S or the applicable award – requirement that the terms and conditions provided to a sponsored employee are no less favourable than those that would apply to an Australian citizen performing equivalent work TAXATION – contraventions of Reg 2.79 of the Migration Regulations 1994 (Cth) – orders for restitution in respect of the underpayment of wages to sponsored employees – calculation of taxation – orders for restitution to be paid to the Australian Taxation Office
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Minister for Immigration and Border Protection v Choong Enterprises Pty Ltd [2015] FCA 390
Date of hearing: 15 May 2015
Date of last submissions: 20 May 2015
Place: Adelaide
Division: GENERAL DIVISION
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