Jai Shree Krishn Pty Ltd ATF The Trustee for Patel Brothers Family Trust (Migration)

The Administrative Appeals Tribunal considered an application by Jai Shree Krishn Pty Ltd ATF The Trustee for Patel Brothers Family Trust for approval of a nominated position under the Temporary Residence Transition stream. The dispute concerned whether the applicant met the requirements for this nomination, particularly in relation to training obligations and adverse information.

The Tribunal was required to determine if the applicant satisfied the criteria set out in regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal examined whether the application was compliant, the status of the nominator as an actively and lawfully operating business, whether adverse information known to Immigration could be disregarded, and if the nominator had a satisfactory record of compliance with workplace relations laws. A key issue was the applicant's fulfilment of training obligations, where a slightly less than required amount had been paid.

The Tribunal reasoned that while the applicant had not paid the full amount for training obligations, it was reasonable to disregard this shortfall if the aggregate expenditure was commensurate with the total commitment. The Tribunal also considered adverse information provided under a certificate, but after hearing sworn evidence from Mr. Urvesh Patel that he was not related to the nominee or other individuals involved, and noting the Department's subsequent approval of a standard business sponsorship, the Tribunal found it reasonable to disregard the adverse information. The Tribunal was satisfied that the applicant met all the requirements of regulation 5.19.

Consequently, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.