Preet Brothers Pty. Ltd. (Migration)

This matter concerned an application by Preet Brothers Pty. Ltd. for approval of a nominated position under the Temporary Residence Transition nomination stream. The dispute arose when the Administrative Appeals Tribunal (the Tribunal) affirmed the decision to refuse the nomination, based on adverse information concerning the applicant and the nominated employee.

The primary legal issue before the Tribunal was whether Preet Brothers Pty. Ltd. met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to consider adverse information suggesting that the nominated employee had paid for her visa nomination and that she did not work for the applicant in the claimed capacity. This information was relevant to whether the applicant had provided false or misleading information and whether there was adverse information known to Immigration about the nominator or a person associated with the nominator, as required by regulation 5.19(3)(g).

The Tribunal's reasoning focused on the applicant's failure to satisfy the requirements of regulation 5.19(3). The Tribunal had provided the applicant with an opportunity to comment on adverse information, which indicated potential contraventions of the Act, including allegations of payment for visa sponsorship and misrepresentation of employment. The applicant did not provide a satisfactory response to this information. Consequently, the Tribunal was not satisfied that the applicant met the criteria, particularly regulation 5.19(3)(g), which requires either no adverse information or that any adverse information be reasonable to disregard.

As the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(3), and the applicant had not sought to satisfy the criteria under the Direct Entry nomination stream (regulation 5.19(4)), the nomination could not be approved. Accordingly, the Tribunal affirmed the original decision to refuse the nomination.