Hospitality Commercial Cleaning Services Pty Ltd (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream, lodged by Hospitality Commercial Cleaning Services Pty Ltd (the nominator) on behalf of Ms Parbati Thapa Rana, a Nepalese citizen. The nominated occupation was Contract Administrator, with a proposed annual base rate of pay of $55,000. The decision under review was made by a delegate of the Minister, and the case came before the Tribunal for reconsideration.

The Tribunal was required to determine whether the nominator met all the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the application was compliant, whether the nominator was actively and lawfully operating a business in Australia, and crucially, whether there was any adverse information known to Immigration about the nominator or a person associated with the nominator, or if it was reasonable to disregard such information.

The Tribunal found that the nomination application was made in the approved form, accompanied by the prescribed fee, and included the necessary certifications regarding conduct contravening section 245AR(1) of the Act. It also identified a relevant person and occupation that met the specified criteria. The Tribunal accepted evidence that the nominator was actively and lawfully operating a business in Australia. However, the delegate had identified adverse information, namely a 12-month sanction imposed on the applicant for making applications as a standard business sponsor, which was to run from September 2018 to September 2019. The delegate considered this adverse information relevant to the applicant's suitability.

Despite the existence of adverse information, the Tribunal considered whether it was reasonable to disregard it, referring to departmental policy factors. The Tribunal ultimately concluded that the applicant met the requirements of regulation 5.19. Accordingly, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.