ISIP AUSTRALIA PTY LTD (Migration)

This matter concerned an appeal by ISIP Australia Pty Ltd against a decision to refuse its nomination under the Direct Entry nomination stream. The core dispute revolved around whether the applicant met the various requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the approval of a nominated position.

The Tribunal was required to determine if ISIP Australia Pty Ltd satisfied all the criteria for nomination approval, specifically focusing on whether there was a genuine need for the nominated position, if the nominator was actively and lawfully operating a business in Australia, and if there was any adverse information known to Immigration concerning the nominator or associated persons. The Tribunal also considered whether the nominated position itself was genuine and if the applicant had provided sufficient evidence to demonstrate compliance with all relevant regulatory requirements.

The Tribunal affirmed the decision to refuse the nomination, finding that ISIP Australia Pty Ltd had not satisfied the requirements of regulation 5.19(4). This conclusion was based on adverse information contained within the Department's file, including allegations of involvement in organised visa fraud and concerns that the business may not be operating, supported by evidence from a site visit in 2014 where no staff were present and the premises appeared insufficient for more than three employees. The Tribunal considered this information relevant to criteria concerning the need for a paid employee, the lawful operation of the business, the existence of the position, and the performance of tasks in Australia. As the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, and had failed to meet the requirements of regulation 5.19(4), the nomination could not be approved.