Hospitality Commercial Cleaning Services Pty Ltd (Migration)

This matter concerned an application by Hospitality Commercial Cleaning Services Pty Ltd (the nominator) for approval of a nominated position for a Program or Project Administrator under the Temporary Residence Transition stream. The visa applicant was Mr Thapa Shailendra. The Administrative Appeals Tribunal (AAT) was required to determine whether the nominator met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominator had satisfied all the requirements of regulation 5.19(3), particularly concerning the presence of adverse information. Specifically, the Tribunal had to consider regulation 5.19(3)(g), which requires that there be no adverse information known to Immigration about the nominator, or that it be reasonable to disregard such information. The nominator had previously been sanctioned by the Department of Immigration and Border Protection, including a pecuniary penalty and a 12-month bar from sponsoring more individuals, which constituted adverse information.

The Tribunal reasoned that while the nominator had indeed provided adverse information, it was reasonable to disregard this information in the circumstances. The Tribunal considered factors such as the nature of the adverse information, how it arose, whether allegations were substantiated, the recency of the information, and steps taken by the applicant to prevent recurrence. Crucially, the Tribunal noted that the suspension period for sponsoring more individuals had ended. Having considered these factors and the evidence presented, the Tribunal concluded that the nominator met the requirements of regulation 5.19.

Consequently, the Tribunal set aside the original decision to refuse the nomination and substituted a decision approving the nomination.