Hamnavy Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Hamnavy Pty Ltd, the applicant, and the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the approval of a nominated position under the Temporary Residence Transition stream, specifically for a Baker. The delegate had refused to approve the nomination due to adverse information concerning the nominator.

The Tribunal was required to determine whether the applicant met the general requirements for approval of the nomination under regulation 5.19(4) and the stream-specific requirements under regulation 5.19(5) of the Migration Regulations 1994 (Cth). A key issue was whether adverse information, specifically the underpayment of staff and a subsequent sponsorship bar, was known to Immigration and, if so, whether it was reasonable to disregard this information as per regulation 5.19(4)(b).

The Tribunal found that the application complied with the procedural requirements of regulation 5.19(2). Regarding the adverse information, the Tribunal noted that the nominator had indeed underpaid staff, leading to a two-year bar from being a Standard Business Sponsor. However, the Tribunal considered the time that had elapsed since the breach and the fact that the breach appeared to be unintentional. Applying the principle that it may be reasonable to disregard adverse information in certain circumstances, the Tribunal concluded that it was reasonable to disregard the past underpayment of staff and the associated sponsorship bar.

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