Hitec Welding Pty Ltd ATF J and M Lewandowski Family Trust (Migration)

This matter concerned an application for approval of a nomination for a position under the Temporary Residence Transition stream. The applicant, Hitec Welding Pty Ltd ATF J and M Lewandowski Family Trust, sought approval of its nomination, but this was refused by the delegate due to adverse information. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if regulation 5.19(3)(g) was satisfied, which requires that there be no adverse information known to Immigration about the nominator or a person associated with the nominator, or that it be reasonable to disregard any such information.

The Tribunal considered that the adverse information related to the applicant being sanctioned under section 140M(2) of the Migration Act 1958 for failing to comply with sponsorship undertakings, which initially resulted in a five-year bar from applying for approval as a sponsor. While the Tribunal later varied this bar to three years, it still considered this information to be adverse and not reasonable to disregard in the context of the nomination approval. The Tribunal noted that the applicant had been given an opportunity to comment on this adverse information. Ultimately, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(3).

Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.