Coolah Supermarket Pty Ltd (Migration)

This matter concerned an application by Coolah Supermarket Pty Ltd for approval of a nominated position under the Direct Entry nomination stream. The applicant nominated Mr Harpreet Singh for the position of Facilities Manager. The core dispute revolved around whether the applicant met the requirements for approval of the nomination, particularly in light of adverse information concerning the nominee. The decision was made by Karen McNamara, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant satisfied all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether there was adverse information known to Immigration about the nominator or a person associated with the nominator, and if so, whether it was reasonable to disregard such information, as stipulated in regulation 5.19(4)(f). The Tribunal also considered the applicant's assertion of a need for the nominated position and the nominee's qualifications and experience.

The Tribunal affirmed the decision to refuse the nomination. It found that adverse information regarding the nominee, including the cancellation of his previous 457 visa due to falsely declaring his employment, was relevant to the assessment under regulation 5.19(4)(f). Despite the applicant's representative providing an explanation for the nominee's actions, the Tribunal was not satisfied that this adverse information could be reasonably disregarded. Furthermore, the Tribunal noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, and therefore, the nomination could not be approved.