Education Embassy Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision concerning the approval of a nomination made by Education Embassy Pty Ltd. The dispute centred on whether the applicant met the requirements for approval of a nomination under the Direct Entry stream of the Migration Regulations 1994, specifically regulation 5.19(4).

The Tribunal was required to determine if the nomination application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the nominated position was not a labour hire arrangement, and if there was no adverse information known to Immigration about the nominator or associated persons that could not be disregarded. The Tribunal also considered the terms of employment for the nominee and whether they met the prescribed standards.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification and identification of a need for a paid employee. It was satisfied that Education Embassy Pty Ltd was actively and lawfully operating a business, evidenced by financial records and ASIC extracts. The Tribunal also determined that regulation 5.19(4)(c) did not apply as the position was not for labour hire. Crucially, the Tribunal addressed anonymous information suggesting the nominee had provided false information and paid their own salary, but placed no weight on this due to its anonymous nature and the applicant's and nominee's credible responses and supporting financial documentation.

Consequently, the Tribunal was satisfied that all the requirements of regulation 5.19(4) were met. The Tribunal set aside the original decision and substituted a decision approving the nomination.