KHELA GROUP OF COMPANIES PTY LTD (Migration)

This matter concerned an application for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The applicant, KHELA GROUP OF COMPANIES PTY LTD, sought to nominate an individual for the position of Hotel or Motel Manager. The core dispute revolved around whether the applicant met all the requirements stipulated in regulation 5.19 of the Migration Regulations 1994 for the nomination to be approved.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in regulation 5.19(3), specifically concerning the compliance of the application, the status of the nominator as an actively and lawfully operating business, and the previous employment history of the nominee. A significant issue was whether adverse information known to the Department regarding an associated entity, Unique International College, precluded the approval of the nomination under regulation 5.19(3)(g).

The Tribunal found that the application was compliant and that the nominator was actively and lawfully operating a business in Australia. It was also satisfied that the nominee had been employed full-time in the nominated occupation in Australia for at least two of the three years preceding the nomination application, thus meeting the employment requirements. Crucially, the Tribunal considered the definition of "associated with" under regulation 1.13A, noting its significant expansion after 18 March 2018. The Tribunal concluded that the adverse information related to Unique International College, while serious, did not fall within the definition of "associated with" as it applied at the time of the nomination application, making it reasonable to disregard such information.

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