Energetic Cleaning Services Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination made by Energetic Cleaning Services Pty Ltd under the Temporary Residence Transition stream. The dispute centred on whether the applicant met the requirements for approval of this nomination, particularly concerning the provision of requested information and the establishment of payroll for relevant financial years. The Tribunal was tasked with determining if all mandatory criteria under regulation 5.19(3) of the Migration Regulations 1994 were satisfied.

The legal issues before the Tribunal included whether the applicant had failed to establish the amount of its payroll for the three relevant financial years and whether it had submitted adequate evidence of training expenditure, such as a training summary or training programs. Furthermore, the Tribunal had to consider if there was adverse information known to the Department of Home Affairs about the nominator and, if so, whether it was reasonable to disregard such information. The applicant's failure to provide requested information within the prescribed period was also a critical factor.

The Tribunal reasoned that the applicant had not met all the requirements for the nomination's approval. Specifically, the applicant failed to establish its payroll for the required financial years and did not provide sufficient evidence of training expenditure, such as a comprehensive training summary or submitted training programs. The Tribunal found that it was unreasonable to disregard the adverse information known to the Department. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.