ANTHILL CONSTRUCTION PTY LTD ATF A & S SAKR FAMILY TRUST (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a nomination application made by Anthill Construction Pty Ltd ATF A & S Sakr Family Trust. The core dispute revolved around whether the applicant met the requirements for approval of the nomination under the Temporary Residence Transition (TRT) stream, as set out in regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied all the mandatory criteria for the TRT nomination stream. Specifically, the Tribunal considered whether the applicant had fulfilled training commitments and complied with applicable training obligations during the period of their most recent sponsorship approval, as stipulated by regulation 5.19(3)(f). The Tribunal also had to consider whether to grant an adjournment to allow the applicant further time to provide requested evidence.

In its reasoning, the Tribunal noted that the nomination application was lodged in May 2017 and refused by the Department in April 2018. Despite being invited by the Tribunal in October 2020 to provide information demonstrating compliance with regulation 5.19(3), no response was received by the date of the decision. The Tribunal considered relevant case law, including *Huo v Minister for Immigration and Multicultural Affairs*, *Manna v Minister for Immigration and Citizenship*, *Minister for Immigration and Citizenship v Li*, *Minister for Immigration and Border Protection v Singh*, and *Kaur v Minister for Immigration and Border Protection*, which establish that the Tribunal is not obliged to indefinitely defer its decision-making processes and that the reasonableness of an adjournment request must be considered. Applying these principles, the Tribunal concluded that it had sufficient evidence before it to make a decision and that the applicant had not provided the necessary information to satisfy the criteria.

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