CLEANING FOR A REASON PTY LTD (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Cleaning For A Reason Pty Ltd as the nominator and Ms Deepika Kansal as the proposed visa applicant. The dispute concerned the approval of a nomination for a Subclass 457 visa, specifically for the occupation of Hair or Beauty Salon Manager (ANZSCO 142114). The Tribunal was tasked with determining whether the Company met the criteria for approval of the nomination under the Migration Regulations 1994.

The legal issues before the Tribunal included whether the nomination complied with the prescribed process, whether the nominator was a standard business sponsor or party to a work agreement, and whether the nominee was correctly identified. Crucially, the Tribunal had to assess whether there was any adverse information known to Immigration about the nominator or a person associated with it, and if so, whether it was reasonable to disregard such information, as required by regulation 2.72(9). This involved examining the Company's compliance with its taxation obligations, specifically the lodgement of Business Activity Statements (BAS).

The Tribunal found that the Company had met the procedural requirements for the nomination, including using the approved form, identifying the occupation and location, and being an approved standard business sponsor. While the Tribunal identified adverse information concerning the Company's persistent delays in lodging its BAS, which indicated a pattern of tardiness relevant to its suitability as a sponsor, it ultimately determined that it was reasonable to disregard this information. This decision was based on the Company's awareness of the risks associated with late lodgement, following discussions with the Tribunal, and assurances that the situation was under control, despite a recent minor delay. The Tribunal concluded that the Company met all applicable criteria for the nomination to be approved.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.