Shree Hari Kishan Pty Ltd (Migration)

The Administrative Appeals Tribunal (C. Packer) considered an application by Shree Hari Kishan Pty Ltd for approval of a nomination for a position under the short-term stream of a visa subclass. The core of the dispute revolved around whether the applicant met the prescribed criteria for the nomination, particularly concerning adverse information and the nominee's annual earnings.

The Tribunal was required to determine if Shree Hari Kishan Pty Ltd met the requirements of regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether there was any adverse information known to Immigration about the applicant that could not be reasonably disregarded, and whether the nominee's annual earnings met the Temporary Skilled Migration Income Threshold (TSMIT).

The Tribunal found that Shree Hari Kishan Pty Ltd was in external administration, which constituted adverse information under regulation 1.13A(2)(d) of the Migration Regulations. The Tribunal determined that this adverse information was not reasonable to disregard, thus failing to meet the requirements of regulation 2.72(4). Furthermore, while the employment agreement stated an annual wage of $55,100, a pay sheet indicated the nominee was earning $45,625 annually. This amount was below the TSMIT of $53,900, and the Tribunal was not satisfied that the nominee's earnings would meet this threshold, nor was it reasonable to disregard this criterion, failing regulation 2.72(15)(f). Consequently, the Tribunal affirmed the decision to refuse the nomination.