GLASSTECH (AUS) PTY LTD (Migration)

The Administrative Appeals Tribunal considered a nomination refusal concerning Glasstech (Aus) Pty Ltd and Mr Karappilly Ravi. Glasstech, a glazing company, sought to nominate Mr Ravi for a Subclass 457 visa under the Temporary Residence Transition stream. The delegate refused to approve the nomination, citing adverse information regarding Glasstech's previous 12-month bar as a sponsor.

The primary legal issue before the Tribunal was whether it was reasonable to disregard the adverse information concerning Glasstech's prior sponsorship bar, as required by Regulation 2.72(9) of the Migration Regulations 1994. This regulation mandates that either no adverse information is known about the sponsor, or any known adverse information must be reasonable to disregard. The Tribunal also considered whether Glasstech met the other criteria for nomination approval, including being a standard business sponsor and correctly identifying the nominee and nominated occupation.

The Tribunal reasoned that while Glasstech conceded adverse information existed due to its previous sponsorship bar, it was reasonable to disregard this information in the circumstances. Glasstech provided evidence of rectifying the issues that led to the bar, including engaging a legal firm to audit their practices and implementing fixed fortnightly payments. The Tribunal noted that Mr Ravi applied for the visa before the bar was imposed and acknowledged the significant impact the refusal would have on Glasstech's business operations and its ability to retain skilled overseas workers, which in turn would affect Australian citizen and permanent resident employees. The Tribunal was satisfied that Glasstech genuinely operated its business and that the nominated occupation of glazier was on the Northern Territory Skilled Occupation Priority List, with no readily available suitably qualified Australian workers.

Consequently, the Tribunal set aside the decision not to approve the nomination and substituted a decision approving the nomination.