Taco 99 Pty Ltd ATF Taco 99 Unit Trust (Migration)

This matter concerned an application by Taco 99 Pty Ltd ATF Taco 99 Unit Trust (the nominator) for approval of a nomination under the Temporary Residence Transition stream. The dispute arose after the Tribunal received a certificate under s.376 of the Migration Act 1958 (Cth) containing adverse information concerning the nominator's director, Mr Singh. The Tribunal, presided over by Senior Member Michael Ison, considered whether this adverse information, and the nominator's response to it, impacted the approval of the nomination.

The primary legal issue before the Tribunal was whether the nominator met all the requirements for approval of a nomination under regulation 5.19(3) of the Migration Regulations 1994 (Cth), particularly in light of the adverse information received. This involved assessing whether the application was compliant, if the nominator was an actively and lawfully operating business, and crucially, whether it was reasonable to disregard any 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 also had to be satisfied that there was a genuine need for the nominator to employ the nominee as a paid employee.

The Tribunal found that the nominator had met the requirements of regulation 5.19(3)(a) concerning the application form, fee, certification, identification of the nominee and occupation, and a demonstrated need for the employee. It also found that the nominator was actively and lawfully operating a business in Australia. Crucially, in relation to the adverse information, the Tribunal accepted the nominator's response, which denied the allegations and provided information casting sufficient doubt on their veracity. Consequently, the Tribunal determined that it was reasonable to disregard the adverse information, satisfying regulation 5.19(3)(g). The Tribunal was also satisfied that there was a genuine need for the nominator to employ the nominee.

Based on these findings, the Tribunal set aside the decision under review and substituted a decision approving the nomination.