GAURISH PTY LTD (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister to refuse a nomination application lodged by Gaurish Pty Ltd. The delegate’s refusal was based on the grounds that Gaurish’s nomination did not satisfy regulation 5.19 of the Migration Regulations 1994, specifically concerning its record of compliance with workplace relations laws. The Department had raised concerns about adverse information relating to the resignation of sponsored workers and the compliance of nomination applications for Mr Pannu, Mr Aakash Chhabra, and Mr Darshan Nayak.

The Tribunal was required to determine whether Gaurish Pty Ltd met the requirements of regulation 5.19(d) to (g) and (h)(ii)(B) and (C). This involved assessing whether the nominated employee would be employed full-time for at least two years on terms and conditions no less favourable than those provided to an Australian citizen or permanent resident, whether there was any adverse information known to the Department that should be disregarded, and whether Gaurish had a satisfactory record of compliance with workplace relations laws. The Tribunal also considered the specific requirements for nominations in regional Australia.

The Tribunal found that Gaurish had demonstrated a satisfactory record of compliance, despite a past underpayment issue concerning Mr Nayak. It noted that Gaurish had cooperated with the Australian Border Force, rectified the underpayment, and taken steps to ensure future compliance. The Tribunal considered that this single instance of non-compliance was reasonable to disregard in the circumstances. Furthermore, the Tribunal was satisfied that the terms and conditions of employment for the nominated position met the regulatory requirements, and that the position could not be filled by an Australian citizen or permanent resident living in the local area, given the business's location in regional Australia and the difficulty in finding suitable local staff.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving Gaurish Pty Ltd's nomination.