LT Corporation Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a nomination application made by LT Corporation Pty Ltd. The dispute concerned whether the Tribunal should affirm the decision to refuse the nomination, which was lodged in relation to a Subclass 186 visa. The Tribunal was required to determine if the applicant met the general requirements for approval of the nomination under regulation 5.19(4) and the specific requirements for the Direct Entry stream under regulation 5.19(9) of the Migration Regulations 1994.

The Tribunal's reasoning focused on regulation 5.19(4)(b), which requires that there be no adverse information known to Immigration about the nominator or a person associated with the nominator, or that such information be reasonable to disregard. The Tribunal noted that adverse information is defined broadly and includes contraventions of Commonwealth, State, or Territory laws, or being subject to investigations or legal proceedings for such contraventions. In this instance, the nominator had disclosed adverse information concerning Mr. Theoharapoulos, including his bankruptcy between 2003 and 2006 and his directorship of a company that was liquidated in 1999. The Tribunal found that this adverse information was relevant to the nominator's suitability. Furthermore, the Tribunal considered the requirement under regulation 5.19(9)(d) that there be a genuine need for the identified person to be employed in the nominated position. The Tribunal concluded that the position associated with the nominated occupation was not genuine and that the application was lodged primarily to secure an immigration outcome.

Consequently, the Tribunal was not satisfied that LT Corporation Pty Ltd met the requirements of regulation 5.19. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.