GA & LJ Nominees Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a dispute between GA & LJ Nominees Pty Ltd and the Department of Home Affairs concerning a Direct Entry nomination for an Office Manager position. The core of the disagreement revolved around whether certain information held by the Department constituted "adverse information" that should preclude the approval of the nomination.

The Tribunal was required to determine if the applicant met the general requirements for nomination approval under regulation 5.19(4) of the Migration Regulations 1994, specifically focusing on whether there was any adverse information known to the Department about the nominator or associated persons, as stipulated by regulation 5.19(4)(b). This involved interpreting the definition of "adverse information" and the scope of persons considered "associated with" the nominator under regulations 1.13A and 1.13B.

The Tribunal reasoned that the information contained within a section 376 certificate, which the Department had relied upon, did not constitute adverse information that was relevant to the nominator's suitability. It found that the nominator was actively and lawfully operating a business in Australia, the tasks associated with the nominated position corresponded to the specified occupation, and the employment terms were not less favourable. The Tribunal concluded that the nominator had not engaged in conduct that would render the nomination ineligible and that the requirements of regulation 5.19(4)(b) were met.

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