Chung HWA Pty Ltd (Migration)

This matter concerned an application by Chung HWA Pty Ltd for approval of a nomination of a position under the Temporary Residence Transition stream. The dispute arose when the Department of Home Affairs refused to approve the nomination. The case was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess whether the nominated position met the criteria, if the nominator had a satisfactory compliance record, and if there was a genuine need to employ the nominee in the nominated role. The Tribunal also had to consider adverse information that may have been known to the Department.

The Tribunal reasoned that the application was made in the approved form and identified a suitable nominee and occupation. It found that the nominee held the required visa and that the nominator was actively operating a business. Crucially, the Tribunal disregarded an anonymous accusation made against the nominator, deeming it unsubstantiated and unjust to consider. The Tribunal was satisfied that the nominator had a satisfactory record of compliance with workplace relations laws and that there was a genuine need for the nominee's managerial skills, particularly given the business's success and the nominator's limited day-to-day operational involvement.

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