GHANEM MELBOURNE PTY LTD ATF GHANEM MELBOURNE TRUST (Migration)

This decision concerns an application by GHANEM MELBOURNE PTY LTD ATF GHANEM MELBOURNE TRUST (the nominator) for approval of a nomination under the Temporary Residence Transition stream of the relevant migration regulations. The dispute before the Administrative Appeals Tribunal (the Tribunal) was whether the nominator met all the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the approval of the nomination.

The Tribunal was required to determine whether the nominator satisfied several specific criteria outlined in regulation 5.19(3). These included whether the application was compliant in form and fee, whether the nominator was an actively and lawfully operating business in Australia, whether there was any adverse information known to Immigration concerning the nominator or associated persons, and whether the nominator had a satisfactory record of compliance with workplace relations laws. The Tribunal also considered the status of the nominee and the occupation nominated.

In its reasoning, the Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification regarding conduct contravening section 245AR(1) of the Act. It was also satisfied that the nominator was an approved standard business sponsor actively and lawfully operating a business in Australia, a licensed restaurant in Melbourne. Crucially, the Tribunal addressed the issue of a previous sanction imposed on the nominator, finding that given the significant time elapsed since the sanction and the nominator's subsequent compliance, it was reasonable to disregard this past adverse information. Furthermore, the Tribunal was satisfied, based on evidence provided by the nominator's representative and the nominee, that the nominator had a satisfactory record of compliance with workplace relations laws.

Consequently, the Tribunal concluded that the nominator met all the requirements of regulation 5.19 for the approval of the nomination. The Tribunal set aside the previous decision under review and substituted a decision approving the nomination.