Mills Catering Group Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision by the Department of Home Affairs to refuse the nomination of a position by Mills Catering Group Pty Ltd. The dispute concerned whether the nominated position of Chef under the Direct Entry stream met the requirements of the *Migration Regulations 1994*.

The Tribunal was required to determine if the applicant, Mills Catering Group Pty Ltd, satisfied all the criteria stipulated in regulation 5.19(4) of the *Migration Regulations 1994* for the approval of a Direct Entry nomination. This included assessing whether there was a genuine need for the nominated employee, the terms and conditions of employment, and the absence of adverse information concerning the nominator or associated persons.

The Tribunal affirmed the Department's decision to refuse the nomination. The Tribunal noted that it had received certificates issued under sections 375A and 376 of the *Migration Act 1958* which indicated that disclosure of certain information would be contrary to the public interest. The Tribunal also considered allegations of payments for sponsorships, including claims that the nominator had charged significant sums for sponsorship and had sponsored individuals lacking experience. While the applicant was invited to comment on this information, the Tribunal found that the applicant had not sought to satisfy the criteria in the Temporary Residence Transition Nomination stream, and therefore had not met the requirements of regulation 5.19(3). Consequently, the nomination could not be approved.