Energetic Cleaning Services Pty Ltd (Migration)

This matter concerned an appeal by Energetic Cleaning Services Pty Ltd (the applicant) against a decision to refuse its nomination under the Temporary Residence Transition stream. The applicant sought to have a nomination approved, which is a prerequisite for certain visa applications.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if there was adverse information known to Immigration concerning the applicant, and if so, whether it was reasonable to disregard such information, as required by regulation 5.19(3)(g).

The Tribunal considered that the applicant had been barred from sponsoring Subclass 457 visa holders and from applying for approval as a standard business sponsor due to past administrative actions. The applicant argued that this adverse information should be disregarded as it related to inadvertent accounting errors, a contravention that occurred when the regulations did not prohibit the conduct, and that immediate rectifications had been made. However, the Tribunal found that the applicant had not satisfied the requirements of regulation 5.19(3)(g), and therefore had not met the criteria for approval of the nomination.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.