LAN TIAN (AUST) PTY LIMITED (Migration)

The Administrative Appeals Tribunal considered an application by Lan Tian (Aust) Pty Limited for approval of a nomination of a position under the Temporary Residence Transition stream. The delegate of the Minister had refused the application, and the Tribunal was required to determine whether the nominator met the requirements for approval under regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominator satisfied regulation 5.19(3)(g) of the Migration Regulations 1994, which requires that there be no adverse information known to Immigration about the nominator, or that it be reasonable to disregard such information. This arose due to substantial adverse information concerning the nominator's serious failings to satisfy sponsorship obligations, including systematic underpayment of workers, which had resulted in a two-year ban from making applications as a sponsor.

The Tribunal acknowledged the nominator's cooperation with the Australian Border Force, their prompt action in rectifying underpayments, and the implementation of new systems to prevent future breaches. Despite these positive steps, the Tribunal found that substantial adverse information was known to Immigration, as evidenced by the two-year sponsorship ban. The Tribunal concluded that, given the seriousness of the breaches, it was not reasonable to disregard this adverse information. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(3)(g).

As the nominator failed to satisfy this critical requirement, the Tribunal affirmed the delegate's decision to refuse the nomination. The applicant had not sought to satisfy the criteria for the Direct Entry nomination stream, and therefore, the nomination could not be approved.