Hartom Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving Hartom Pty Ltd, the applicant, and the delegate of the Minister for Immigration, the respondent. The dispute concerned the approval of a nominated position under the Temporary Residence Transition nomination stream, specifically for a cook. The applicant sought to have the delegate's decision to refuse the nomination reviewed by the Tribunal.

The legal issues before the Tribunal were whether Hartom Pty Ltd met the requirements for approval of the nominated position under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant satisfied the criteria relating to the future employment of the nominee (r.5.19(3)(d)), the terms and conditions of employment (r.5.19(3)(e)), and the applicant's training commitments and obligations (r.5.19(3)(f)).

The Tribunal's reasoning focused on the lack of persuasive evidence provided by the applicant. The applicant failed to respond to an invitation issued under section 359(2) of the Migration Act 1958, which requested further information. Consequently, the Tribunal was not satisfied that the nominee would be employed full-time for at least two years, nor that the terms and conditions of employment would be no less favourable than those offered to an Australian citizen or permanent resident in an equivalent role. Furthermore, the Tribunal found that the applicant had not demonstrated fulfillment of its training commitments and obligations during its most recent period of approval as a standard business sponsor.

For these reasons, the Tribunal affirmed the delegate's decision to refuse the nomination, finding that Hartom Pty Ltd had not met the requirements of regulation 5.19(3).