H Koya And S Koya (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of Mrs Kanchan Bala by the partnership of H Koya and S Koya for a Subclass 186 visa under the Temporary Residence Transition stream. The partnership, which operates Koya’s Curry House and Cityscape Cleaning, lodged the nomination application on 5 December 2017. The Tribunal was required to determine whether the nomination met the requirements set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominator, H Koya and S Koya, had satisfied all the criteria stipulated in regulation 5.19(3) for the approval of the Temporary Residence Transition nomination. This involved assessing whether the nominee, Mrs Bala, met the employment and visa history requirements, whether the nominator was a standard business sponsor who had previously identified the nominee, and whether the nominator was actively and lawfully operating a business in Australia. Additionally, the Tribunal had to consider the nominator's compliance with training requirements, the absence of adverse information, and a satisfactory record of workplace relations compliance, as well as the genuine need for the nominator to employ the nominee.

The Tribunal affirmed the decision to refuse the nomination, finding that not all the requirements of regulation 5.19(3) were met. While evidence was presented regarding the nominee's performance and circumstances, including the impact of COVID-19 on the businesses and potential future sponsorship from another entity, the Tribunal's decision indicates a failure to satisfy a critical criterion. The provided documentation, including financial statements, tax returns, employment records, and letters from a migration agent and a resort, were considered in light of the regulatory requirements. The Tribunal's reasoning, though not fully detailed in the provided text, ultimately led to the conclusion that the nomination could not be approved.