DIMEO CLEANING SERVICES (AUST) PTY LTD ATF THE DCS TRUST (Migration)

This matter concerned an application for approval of a nomination of a position under the Temporary Residence Transition stream, brought by Dimeo Cleaning Services (Aust) Pty Ltd ATF The DCS Trust (the applicant) in the Administrative Appeals Tribunal. The applicant sought to nominate Mr Orlando La Torre Labajos for a position.

The primary legal issue before the Tribunal was whether the applicant met all the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of the nomination. This included assessing the applicant's compliance with application requirements, the nominee's visa status, the occupation identified, the nominator's business operations, the nominee's employment history, and crucially, whether there was any adverse information known to the Department about the nominator or associated persons, and the nominator's compliance with workplace relations laws.

The Tribunal considered the applicant's history as a standard business sponsor and its employment of the nominee. While the Department had received allegations of illegal work and issues concerning the nominee's relationship and documentation, the Tribunal found that the applicant had taken immediate steps to rectify any breaches and ensure future compliance. The Tribunal determined that it was reasonable to disregard the adverse information in light of the applicant's proactive measures and satisfactory record of compliance with workplace relations laws. The Tribunal was satisfied that the applicant met the requirements of regulation 5.19.

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