Sea One North Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Sea One North Pty Ltd, the applicant, and the delegate's decision to refuse its nomination. The dispute concerned whether the applicant met the requirements for approving a nomination under the Temporary Residence Transition stream for a Massage Therapist position.

The Tribunal was required to determine if the applicant satisfied the general requirements for nomination approval under regulation 5.19(4) of the Migration Regulations 1994, specifically regulation 5.19(4)(b) concerning adverse information. This regulation mandates that either no adverse information is known to Immigration about the nominator or an associated person, or any such information is reasonable to disregard. Adverse information is broadly defined to include contraventions of Commonwealth, State, or Territory laws, or administrative actions taken for possible contraventions.

The Tribunal found that the applicant had been the subject of a 12-month bar on being approved as a sponsor, imposed by the Department on 9 October 2019. This action was based on an investigation indicating the applicant had breached regulation 2.92 by underpaying its employees. The Tribunal concluded that this constituted adverse information relevant to the applicant's suitability as a nominator and that there was no reason to disregard this information. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19.

The Tribunal affirmed the delegate's decision to refuse the nomination.