CENTRUM PRINTING PTY LTD (Migration)

This matter concerned an application by Centrum Printing Pty Ltd for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19(3) for the approval of its nomination, particularly in light of previous adverse information concerning the nominator.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in regulation 5.19(3), specifically addressing the compliance of the application form and fee, the status of the nominator as an actively and lawfully operating business, the absence of adverse information or the reasonableness of disregarding it, and a satisfactory record of compliance with workplace relations laws. The Tribunal also considered the specific requirements related to the nominee's visa history and employment conditions.

The Tribunal found that the applicant met the requirements of regulation 5.19(3)(a) and (b), confirming the application was compliant and the nominator was an active and lawful business. Crucially, regarding regulation 5.19(3)(g), the Tribunal acknowledged the existence of adverse information stemming from a sponsorship bar imposed due to underpayment of a Subclass 457 visa holder. However, the Tribunal was satisfied that the underpayment had been rectified, the applicant had taken steps to prevent future errors, the sponsorship bar period had passed, and the Department had subsequently approved the applicant as a standard business sponsor. In light of these factors, the Tribunal concluded it was reasonable to disregard the adverse information. The Tribunal also found that the applicant had a satisfactory record of compliance with workplace relations laws, given the rectification of the underpayment and preventative measures.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.