Blue Wren Holdings Pty Ltd (Migration)

Blue Wren Holdings Pty Ltd (the applicant) sought judicial review of a decision made by the Administrative Appeals Tribunal concerning the approval of a nominated position under the Temporary Residence Transition stream. The applicant, a business, had nominated an individual for a carpenter position. The core of the dispute revolved around adverse information known to the Department of Home Affairs regarding the applicant's past conduct as a sponsor, which had led to a sponsorship bar and cancellation of its approval as a standard business sponsor.

The Tribunal was required to determine whether the applicant's nomination application met the requirements of regulation 5.19(2) and (4)(a) of the Migration Regulations 1994, and crucially, whether it was reasonable to disregard the adverse information known to the Department concerning the applicant's previous breaches of sponsorship obligations. These breaches included failures to satisfy sponsorship obligations, ensure equivalent terms and conditions of employment, provide required records and information, and ensure the sponsored person worked in the nominated occupation.

The Tribunal found that the application itself complied with the procedural requirements of regulation 5.19(2). However, it then considered regulation 5.19(4)(b), which mandates that either no adverse information is known to the Department about the nominator, or it is reasonable to disregard such information. The Tribunal acknowledged the adverse information, including the applicant's two-year sponsorship bar imposed in December 2018 due to multiple breaches of sponsorship obligations. Despite the lapse of time since these breaches and the applicant's subsequent compliance efforts, including providing evidence of a Fair Work Commission decision and a collective agreement, the Tribunal concluded that it was not reasonable to disregard the adverse information. The decision under review was set aside.