Harmony Ocean Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Harmony Ocean Pty Ltd's nomination for a Chef position. The core of the dispute revolved around whether Harmony Ocean Pty Ltd met the criteria for approval of its nomination, particularly in light of previous adverse information known to the Department of Immigration.

The Tribunal was required to determine if Harmony Ocean Pty Ltd, as the nominator, satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nomination process was correctly followed, whether the nominator was an approved sponsor, and crucially, whether any adverse information known to Immigration about the applicant was either non-existent or reasonable to disregard. The Tribunal also needed to consider if the nominated occupation was a specified occupation and if the position itself was genuine and the duties aligned with the nominated role.

The Tribunal's reasoning focused on the applicant's compliance with the procedural requirements of Regulation 2.72 and the substantive criteria. While acknowledging past adverse information regarding the provision of misleading information, the Tribunal found it reasonable to disregard this due to the passage of time, the applicant's demonstrated steps to ensure future compliance, and the subsequent approval of a new standard business sponsorship. The Tribunal was satisfied that the applicant had provided updated information, including financial statements and employment contracts, to demonstrate the genuineness of the position and the nominee's suitability. The Tribunal concluded that all applicable criteria for the nomination's approval were met.

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