MILLS CATERING GROUP PTY LTD (Migration)

This matter concerned an application by Mills Catering Group Pty Ltd for approval of a nomination of a position under the Direct Entry stream. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal considered several legal issues, including whether the nominator was actively and lawfully operating a business, whether the proposed employee would be employed full-time for at least two years, and whether there was any adverse information known to Immigration about the nominator or associated persons that could not be disregarded. The Tribunal also considered anonymous allegations of visa sponsorship fraud, which were provided to the applicant for comment.

The Tribunal affirmed the decision to refuse the nomination. It found that the nominator had not met all the requirements of regulation 5.19(4). While the Tribunal acknowledged the business had plans for reopening and expansion, and noted difficulties in recruiting staff, it gave limited weight to the unsubstantiated, anonymous allegations of fraud. The Tribunal concluded that, based on the information before it, the nomination could not be approved.