Doan (Migration)

This matter concerned an appeal by a visa applicant against a decision of the Administrative Appeals Tribunal (AAT) regarding an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The core dispute revolved around whether adverse information concerning the nominating employer, Golden We Australia Pty Ltd, should be disregarded.

The legal issue before the AAT was whether it was reasonable to disregard adverse information known to the Department of Immigration about the nominator. Specifically, the AAT was required to consider clause 186.223 of the Migration Regulations 1994, which mandates that there be no adverse information known to Immigration about the nominator, or that any such information be reasonable to disregard.

The AAT found that Golden We Australia Pty Ltd had breached its sponsorship obligations under regulations 2.79, 2.82, and 2.86 of the Migration Regulations 1994, leading to a 12-month sponsorship bar and a fine. While the employer did not dispute the breaches, it attributed them to inadvertent mistakes and expressed contrition. The AAT concluded that the sanction imposed constituted adverse information under regulation 1.13A. However, considering the employer's contrition and the fact that the sponsorship bar had expired, the AAT determined that it was reasonable to disregard this adverse information. Consequently, the AAT remitted the visa application for reconsideration, directing that the applicant met the criteria under clause 186.223(3A)(b).