The Bible League Incorporated (Migration)

[2021] AATA 3452

The Bible League Incorporated (Migration) [2021] AATA 3452 (6 August 2021)

DECISION RECORD

DIVISION:Migration & Refgee Division

APPLICANT:  The Bible League Incorporated

CASE NUMBER:  1827692

HOME AFFAIRS REFERENCE(S):          BCC2017/4818310

MEMBER:De-Anne Kelly

DATE:6 August 2021

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal sets aside the decision under review and substitutes a decision approving the nomination.

Statement made on 06 August 2021 at 3:21pm

CATCHWORDS
MIGRATION–nomination – Temporary Residence Transition nomination stream – Marketing Manager – reasonable to disregard the applicant did not meet r.5.19(3)(f)(i) – position associated with the nominated occupation is genuine – financial capacity to employ the nominee full-time for a minimum of 2 years – genuine need for the nominator to employ a paid employee – no less favourable terms and condition of employment –decision under review set aside

LEGISLATION
Migration Act 1958, ss 65, 140GB, 359
Migration Regulations 1994, rr 1.13, 5.19

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 7 September 2018 to reject the applicant’s application for approval of the nomination of a position in Australia under r.5.19 of the Migration Regulations 1994 (the Regulations).

2. The applicant applied for approval on 16 December 2017. The requirements for the approval of the nomination of a position in Australia are found in r.5.19 of the Regulations which contains two alternative streams: a Temporary Residence Transition nomination stream (r.5.19(3)) and a Direct Entry nomination stream (r.5.19(4)). If the application is made in accordance with r.5.19(2) and meets the requirements of either stream, then the application must be approved. If any of the requirements are not met then the application must be refused: r.5.19(5).

3. In this case, the applicant has applied for approval of a nomination, seeking to satisfy the criteria in the Temporary Residence Transition nomination stream.

4. The delegate refused the application on the basis the applicant’s nomination did not satisfy r.5.19(3)(f)(i) and (ii) of the Regulations because the applicant did not demonstrate meeting the training requirements and it was not reasonable to disregard this failure.

5. The applicant appeared before the Tribunal on 3 August 2021 to give evidence and present arguments. This was a dual hearing of both the employer nomination refusal review and the visa application refusal review.  

6. The applicant was represented in relation to the review by their lawyer Mr Michael Terence Jones one of the most able lawyers to come before the Tribunal who demonstrated a thorough understanding of the Migration Act and Migration Regulations and presented evidence to support the case in a concise and professional manner.

7. For the following reasons, the Tribunal has decided to set aside the decision under review and substitute a decision approving the nomination.

   CONSIDERATION OF CLAIMS AND EVIDENCE

8. The issue in this case is whether the applicant meets the requirements for approval of the nomination under the Temporary Residence Transition nomination stream set out in r.5.19(3), which is extracted in the attachment to this decision. For the nomination to be approved, all the requirements must be met.

9. Mr Norel the secretary of the Board was authorised to appear on behalf of the applicant.

10. The Bible League is a registered charity. It is a very specialised organisation and fund raises among the Christian community. It falls under the USA parent company and it operates in NZ and Australia.  BLI has other member companies in the Netherlands, Africa etc that fall under the same banner. Their fundraising goes to the USA parent company which disperses the funds to resource churches and missions around the world. In Australia the charity has a ministry into indigenous communities which commenced in 2005 and is growing steadily. They also have a ministry in the prisons in Australia.

11. On 16 December 2017, the applicant The Bible League Incorporated ABN: 33 486 150 142 lodged an employer nomination application Subclass 186 visa in the Temporary Residence Transition stream for the position of Marketing Manager ANZSCO 131112 on $85,000 per annum in favour of Mr Hilton Dean Edwards to be employed at Penrith NSW.

12. It is noted that Mr Norel and Mr Edwards were forthright and helpful towards the Tribunal which was appreciated.

    Section 359AA of the Act

13. At the commencement of the hearing, the Tribunal explained that it may put information to the applicant, under s.359AA of the Act, that would be the reason, or a part of the reason, for affirming the decision that is under review and that it would explain why this information was relevant to the decision and how it may be relied upon in reaching a decision. The Tribunal also advised that the applicant would be given an opportunity to respond to this information in one of three ways: they could request an adjournment and the hearing could be stopped for 15 or 20 minutes or whatever period of time they wished and they could seek advice from the registered migration agent; the applicant could make a written submission within 14 days or an extended period of time if it requested an extension; or they could respond in the hearing. If they responded in the hearing, it would not prevent them from making a written submission within 14 days or a longer period if they requested an extension of time.

14. Section 359AA provides as follows:

    (a)   The Tribunal may orally give to the applicant clear particulars of any information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review; and

    (b)   if the Tribunal does so—the Tribunal must:

    (i)ensure, as far as is reasonably practicable, that the applicant understands why the information is relevant to the review, and the consequences of the information being relied on in affirming the decision that is under review; and

    (ii) orally invite the applicant to comment on or respond to the information; and

    (iii) advise the applicant that he or she may seek additional time to comment on or respond to the information; and

    (iv) if the applicant seeks additional time to comment on or respond to the information—adjourn the review, if the Tribunal considers that the applicant reasonably needs additional time to comment on or respond to the information.

    The application must be compliant: r.5.19(3)(a)

15. Regulation 5.19(3)(a) requires that the application for approval must be in the approved form, must be accompanied by the prescribed fee and, where applicable, must include the required written certification relating to conduct that contravenes s.245AR(1). The application must also identify a relevant person and occupation and identify a need for the nominator to employ that person, as a paid employee, to work in the position under the nominator’s direct control.

16. The application identified a person who holds a Subclass 457 visa, namely Mr Hilton Dean Edwards, which was granted on the basis of satisfying cl.457.223(4) of the Regulations. The application identified an occupation, namely Marketing Manager – Sales and Marketing Manager ANZSCO 131112 that is listed in ANZSCO and has the same 4-digit code as the occupation carried out by the Subclass 457 visa holder.

17. Given the above findings, the requirement in r.5.19(3)(a) is met.

    Status of the nominator: r.5.19(3)(b)

18. Regulation 5.19(3)(b) requires the nominator to be or have been the relevant standard business sponsor who is actively and lawfully operating a business in Australia. In addition, the nominator, as that standard business sponsor, must not have met certain criteria relating to the operation of a business overseas, in the most recent sponsorship approval.

19. The Bible League Incorporated was the standard business sponsor who identified Mr Hilton Dean Edwards as the holder of a Subclass 457 visa in a nomination made under s.140GB of the Act. The sponsor is actively and lawfully operating a business in Australia as evidenced by tax returns and financial statements prepared by their certified practising accountant. The most recent business sponsorship was not granted on the basis of not (?) meeting either r.1.20DA, r.2.59(h) or r.2.68(i).

20. Given the above, the requirement in r.5.19(3)(b) is met.

    Previous employment of the nominee: r.5.19(3)(c)

21. Broadly speaking, to meet the requirement in r.5.19(3)(c), either:

    ·     the nominee must have been employed full time in Australia in the position for which he or she holds a Subclass 457 visa for at least 2 of the 3 years preceding the nomination application; or

    ·     the nominee holds a Subclass 457 visa on the basis that s/he was identified in a nomination of a specified occupation for that visa, the nominator nominated the occupation, and the nominee has been employed in that occupation for at least 2 years in the 3 years immediately before the application.

22. The application was lodged on 16 December 2017 and therefore the nominee must have been employed for two years in the period from 14 December 2015 to 15 December 2017 to satisfy the requirement that he had been employed full time in Australia in the position for which he or she holds a Subclass 457 visa. PAYG payment summaries show the applicant has been employed from at least 1 July 2015 to 30 June 2019.

23. The question for the Tribunal is whether the nominee has been working in the role of Marketing Manager and whether the tasks of his position correspond with the tasks of the ANZSCO which is specified by the Minister in an instrument.

24. The ANZSCO code for Sales and Marketing Manager is 131112 and has the following tasks and responsibilities.

    ADVERTISING, PUBLIC RELATIONS AND SALES MANAGERS plan, organise, direct, control and coordinate advertising, public relations, sales and marketing activities within organisations.

    odirecting the development and implementation of sales strategies and setting sales targets in order to maximise an organisation's sales and customer loyalty

    odirecting the development and implementation of strategies to promote an organisation's goods and services to as many people as possible

    odirecting the development and implementation of strategies to generate increased consumption of an organisation's goods and services through the creation and reinforcement of 'brand image' or 'brand loyalty'.

    odirecting the development and implementation of strategies to build and maintain an organisation's image and reputation with its customers, investors and the wider public

25. The nominee has provided the following list of typical tasks and meeting engagements.

    ·Weekly meeting (Tues 8am Sydney time) on Skype - with whole Development Team - they report KPIs - as per document supplied.

    ·I meet with the Marketing coordinator multiple times each day to instruct her and keep her on-track with all marketing projects.

    ·I meet with the Social Media Coordinator once a week (she usually is here on

    ·Thursdays) - to plan and advise re the social media strategy and postings to various platforms.

    ·I meet ad hoc with the graphic designers relative to various campaigns/briefings (they are external suppliers)

    ·I meet ad hoc with the video producer relative to what videos we are

    ·planning/recording/editing.

    ·I meet ad hoc with the event coordinator relative to events she needs to organise and marketing and promotions around those events.

    ·I meet with radio stations relative to adverts/promotions airing on their stations.

    ·4 x Direct Mail campaigns per year – write campaign brochure/flyer with stories, plus cover letter and follow-up letter, brief graphics, source/edit photos etc. (provide brief to out-sourced Graphic Designer)

    ·4 x Follow up campaigns (as per above - 1 month later)

    ·4 x The Source Newsletters per year – writing 3 full articles/stories per edition, plus other editorial “bits”, brief graphics, source/edit photos etc.

    ·Run4Bibles – campaign for schools – writing and editing copy/content (with input from R4B/Youth coordinator)

    ·Bringing Hope Behind Bars – writing and editing content and scripts (web banners, social media posts etc.)

    ·Monthly prayer calendar – writing (from provided prayer requests from the field)

    ·4- 5 other promo or appeal print pieces during the year (and related social media, graphics, banners etc.)

    ·Other standard yearly print items – design/input into Calendar, Global Update,

    ·Bequest items, Invites, Programs, promo items, etc.

    ·All other print items (oversight of design and input/briefing graphics)

    ·Writing all of the above – this is a fair component of the job

    ·Proof-reading and repeat-checking of successive edits/versions of above

    ·Oversight/input for website – in conjunction with Clarety - website hosting ( and CRM software)

    ·Oversight, brainstorming ideas, direction etc. for Social media – (with social media coordinator)

    ·Magazine and article writing – I have written articles for MICI magazine in the past.

    ·Radio script writing/wording and briefing plus on-air representing/speaking

    ·Digital marketing – a variety of e-marketing campaigns

    ·Video – direction, story-boarding, briefing and oversight (out-sourced video

    ·production) – our video component is growing and still needs to grow even more field trips (photography, videography, story-telling etc. up to max 4 weeks per year)

    ·Representing Bible League at any conferences/display-stands etc.

    ·Brainstorm and Analyse marketing/fundraising data and implement

    ·recommendations/improvements – ongoing

    ·Strategic Planning – complete the Marketing Plan which is the bulk of the overall Strategic plan for Bible League.

26. The Job description was provided as follows.

    Role: CEO/Marketing Manager
    Designation: Full-Time (38 Hours Per Week)
    Reporting to: Board of Directors
    Remuneration: $143,895.00 Annual Salary plus
    Superannuation Entitlement
    Key Responsibilities:

    ·     Oversee the management and direction of the Bible League, and report frequently to the Board of Directors regarding operations and financial performance;

    ·     Implement and manage all aspects of Bible League’s marketing strategy including direct marketing, print, social and electronic media and telemarketing;

    ·     Recruit staff to ensure the efficient and effective operation of the Bible League;

    ·     Train, supervise and review staff;

    ·     Oversee the development, design and implementation of new marketing

    ·     initiatives/strategies;

    ·     Analyse and report on Bible League’s marketing performance when benchmarked

    ·     against other like-organisations;

    ·     Submit marketing reports to the Board of Directors when the Board convenes;

    ·     Attend and lead weekly executive team meetings;

    ·     Conduct monthly Work in Progress (WIP) Meetings for National Office team members.

    ·     Assist the Finance & Administration Manager with the preparation of annual budgets.

    ·     Ensure that appropriate security is applied to the handling information and the

    ·     communication of sensitive issues.

    ·     Represent Bible League at public forums as required.

    ·     Carry out all other duties as required from time to time; and

    ·     Observe and enforce all Bible League policies and procedures.

27. It is noted that the applicant advised that the previous Chief Executive Officer has retired and Mr Edwards, the nominee had been promoted to that position by the Board as well as retaining his responsibilities as Marketing Manager. The applicant explained that this allowed them as a charity to make best use of donated funds by combining these two roles. It is noted that the nominee is now on a salary of $143,895 and this was supported by the PAYG payment summary form FY 2019 which showed a salary of $130,001.

28. The evidence demonstrates that the nominee has been working as a Marketing Manager judging by his tasks and responsibilities corresponding to the ANZSCO and that he was employed, as evidenced by PAYG payment summaries, in that position for two out of three of the years immediately before the employer nomination was lodged on 16 December 2017

29. Given the above findings, the requirement in r.5.19(3)(c) is met.

    Future employment of the visa holder: r.5.19(3)(d)

30. Regulation 5.19(3)(d) only applies to certain nominees (those described in r.5.19(3)(c)(i)). For this class of person, the Regulations require that the nominee will be employed on a full time basis for at least 2 years on terms that do not expressly preclude the possibility of an extension.

31. Tax returns were provided as well as financial statements which show a strong revenue stream. It was noted that some years there was a retained surplus while there was a deficit in other years. The applicant explained that as a charity it is not their aim to make a fortune but rather to distribute their funds to the USA parent company to fund their ministries. They send monies ahead of their fundraising which lags this, and they try to send as much as possible but sometimes their estimates are overly optimistic although it is noted not by an excessive amount. The applicant has strong equity in the business. They have ongoing donors who have pledged to continue their support for the charity.

Tax Return	2020	2019	2018
Income	3,178,353	3,026,536	2,797,358
Wages	928,110	972,853
Expenditure	3,166,434	3,041,541	2,881,749
Deficit	11,919	-       15,005	-       84,390
Retained surplus	11,919	620,920	635,920
Equity	632,834	620,915

1. The Tribunal finds the applicant has the financial capacity such that the person will be employed on a full-time basis in the position for at least 2 years.

2. The employment contract dated 13 August 2014 does not expressly exclude the possibility of extending the period of employment.

3. Given the above findings, the requirement in r.5.19(3)(d) is met.

   No less favourable terms and conditions of employment: r.5.19(3)(e)

4. Regulation 5.19(3)(e) requires that the terms and conditions of employment applicable to the nominated position will be no less favourable than those that are, or would be, provided to an Australian citizen or permanent resident performing equivalent work in the same workplace at the same location.

5. The applicant from PAYG payment summaries was paid $130,001 in FY 2019 and now has a salary of $143,895 per annum.

6. A comprehensive market salary analysis was provided and demonstrated that the terms and condition of employment will be no less favourable than those that are, or would be, provided to an Australian citizen or Australian permanent resident performing the work of an Marketing Manager in the same location in NSW.

7. Accordingly, the requirement in r.5.19(3)(e) is met.

   Training commitments and obligations: r.5.19(3)(f)

8. Regulation 5.19(3)(f) requires the applicant to have fulfilled any commitments made relating to meeting training requirements, and complied with applicable obligations relating to training requirements, during the period of the applicant’s most recent sponsorship approval.  These requirements may be disregarded if it is reasonable to do so.

9. Regulation 2.87B(3) ‘Obligation to provide training’ applies and provides as follows:

   (3) If, during all or part of:

   (a) the period of 12 months commencing on the day the terms of the person’s approval as a standard business sponsor are varied; or
   (b) a period of 12 months commencing on an anniversary of that day;
   the person is a standard business sponsor of at least one primary sponsored person, the standard business sponsor must comply with requirements relating to training, specified by the Minister in an instrument in writing for this subregulation, for that 12 month period.

1. Standard Business sponsorship was approved from 25 July 2014 to 25 July 2017. It was common ground in the hearing that the three relevant periods were 25 July 2014 to 24 July 2015, 25 July 2015 to 24 July 2016 and 25 July 2016 to 25 July 2017. For ease of reference the Tribunal will refer to these 12 months periods as respectively as Period 1, Period 2 and Period 3.

2. The lawyer helpfully provided payroll data and a comprehensive analysis of the training undertaken from receipts provided by the applicant and the results are shown below. The requirement in IMMI 17/045 the relevant instrument requires that 1% of the payroll in the relevant SBS years is expended on training. The applicant has provided evidence that this training was provided to employees who were Australian citizens or Australian permanent residents.

SBS period	Period 1	Period 2	Period 3	Aggregate
Payroll	614,714	690,760	779,313
1% of payroll	6,147	6,908	7,793	20,848
Training expenses	13,252	14,781	7,921	35,954

1. It is noted that the applicant underspent on training in period 3 by an amount of $72 although the spend in periods 1 and 2 was well above the benchmark training expenditure required.

2. The Tribunal considers that the applicant did not meet their training requirements in period 3 albeit by a small underspend. The Tribunal considers that the applicant has failed to meet r.5.19(3)(f)(i) because it failed to meet its requirement in period 3 and needs to consider whether it is reasonable to disregard r.5.19(3)(f)(i) and find the applicant meets r.5.19(3)(f)(ii).

   Reasonable to Disregard

3. The Tribunal is not bound to follow policy but in this case will follow the recommendations in the Department Policy Advice Manual entitled ‘Reasonable to Disregard’ that states the following:

   ‘Disregarding regulation 5.19(3)(f)(i) …should only be considered if the delegate is satisfied the nominator has not, at any stage of the most recently approved standard business sponsorship, failed to maintain their commitment to the ongoing training of Australian citizens and permanent residents in their industry, as specified within the training benchmarks. (Emphasis added)

   For example, delegates may form the view that it is Reasonable to Disregard regulation 5.19(3)(f)(i) if:

   ·The nominator has demonstrated meeting a combination of both training benchmark A and B in a required year during the term of the most recently approved sponsorship (for example, an amount equal to 1.5% of payroll was placed in an industry training fund and an amount equal to 0.5% of payroll spent on internal training to make up 2% of payroll spent in training)  Or

   ·The nominator has an aggregate expenditure on training over the term of their most recently approved sponsorship commensurate with the total training commitment for that period.

   Conversely, a delegate may form the view that it is not  Reasonable to Disregard regulation 5.19(3)(f)(i) if the nominator has failed to demonstrate they have met either training benchmark A or B (or a combination of both), in full in each relevant year of their most recently approved standard business sponsorship.

   Different scenarios may provide examples of what a delegate may or may not consider ‘reasonable’ , however delegates should not apply regulation 5.19(3)(f)(ii) inflexibly, but must consider the merits of a particular case

4. It is noted that one reason to disregard is dot point three and the aggregate expenditure on training over the term of the SBS period is $35.954 while the aggregate of 1% of payroll is $20,848 which is more than commensurate with the total training commitment.

5. The Tribunal finds it is reasonable to disregard the applicant did not meet r.5.19(3)(f)(i) and finds it meets r.5.19(3)(f)(ii).

6. Accordingly, the requirement in r.5.19(3)(f) is met.

   No adverse information known to Immigration: r.5.19(3)(g)

7. Regulation 5.19(3)(g) requires that there is no adverse information known to Immigration about the nominator or person associated with the nominator; or it is reasonable to disregard any such information. For these purposes, ‘adverse information’ and ‘associated with’ have the meaning given in rr.1.13A and 1.13B. 

8. A search of the ASIC website finds the secretary (?) of  The Bible League Incorporated is not on the banned or disqualified list and there is no other adverse information known to Immigration or to the Tribunal.

9. Accordingly, the requirement in r.5.19(3)(g) is met.

   Satisfactory compliance with workplace relations laws: r.5.19(3)(h)

10. Regulation 5.19(3)(h) requires the applicant to have a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to workplace relations.

11. A search of the Fair Work Ombudsman website shows no results for the applicant and indicates they are not the subject of any action by the ombudsman regarding workplace relations. The applicant mentioned an ongoing payment relating to a Workers Compensation payment however this is not germane to workplace relations.

12. Accordingly, the requirement in r.5.19(3)(h) is met.

    Genuine need to employ nominee: r.5.19(3)(i)

13. Regulation 5.19(3)(i) requires that there is a genuine need for the nominator to employ the person, as a paid employee, to work in the position under the nominator’s direct control.

14. The applicant has been working in the position of Marketing Manager as evidenced by PAYG payment summaries since 1 July 2015 or more than six (6) years and has in that time had a pay rise and then been promoted to CEO on a salary of $143,895 whilst still undertaking the role of Marketing Manager. The Tribunal finds there is no more definitive evidence that there is a genuine need for the employer to employ the person to work in the position than the demonstration that they have been undertaking the role successfully up to the present, have been promoted and had performance based pay increases.

15. Accordingly, the requirement in r.5.19(3)(i) is met.

16. Based on the findings above, the Tribunal is satisfied that the applicant meets the requirements of r.5.19 for approval of the nomination of the position in Australia.

    DECISION

17. The Tribunal sets aside the decision under review and substitutes a decision approving the nomination.

    De-Anne Kelly
    Member

    
    

    ATTACHMENT  -  EXTRACTS FROM THE MIGRATION REGULATIONS 1994

    5.19Approval of nominated positions (employer nomination)

    …

    (2)The application must:

    (a)be made in accordance with approved form 1395…; and

    (aa) include a written certification by the nominator stating whether or not the nominator has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act; and

    (b)be accompanied by the fee mentioned in regulation 5.37.

    Temporary Residence Transition nomination

    (3)The Minister must, in writing, approve a nomination if:

    (a)the application for approval:

    (i)       is made in accordance with subregulation (2); and

    (ii)      identifies a person who holds a Subclass 457 … visa granted on the basis that the person satisfied the criterion in subclause 457.223(4) of Schedule 2; and

    (iii)     identifies an occupation, in relation to the position, that:

    (A)is listed in ANZSCO; and

    (B)has the same 4-digit occupation unit group code as the occupation carried  out by the holder of the Subclass 457 … visa; and

    (iv)    identifies a need for the nominator to employ the person, as a paid employee, to work in the position under the nominator’s direct control; and

    (b)the nominator:

    (i)       is, or was, the standard business sponsor who last identified the holder of the Subclass 457 … visa in a nomination made under section 140GB of the Act or under regulation 1.20G or 1.20GA as in force immediately before 14 September 2009; and

    (ii)      is actively and lawfully operating a business in Australia; and

    (iii)     did not, as that standard business sponsor, meet regulation 1.20DA, or paragraph 2.59(h) or 2.68(i), in the most recent approval as a standard business sponsor; and

    (c)either:

    (i)       both of the following apply:

    (A)in the period of 3 years immediately before the nominator made the application, the holder of the Subclass 457 …visa identified in subparagraph (a) (ii) has:    

    (I)held one or more Subclass 457 visas for a total period of at least 2 years; and

    (II)been employed in the position in respect of which the person holds the Subclass 457 … visa for a total period of at least 2 years (not including any period of unpaid leave);

    (B)the employment in the position has been full-time, and undertaken in Australia; or

    (ii)      all of the following apply:

    (A)the person holds the Subclass 457 … visa on the basis that the person was identified in a nomination of an occupation mentioned in sub-subparagraph 2.72(10)(d)(iii)(B) or sub-subparagraph 2.72(10)(e)(iii)(B);

    (B)the nominator nominated the occupation;

    (C)the person has been employed, in the occupation in respect of which the person holds the Subclass 457 … visa, for a total period of at least 2 years in the period of 3 years immediately before the nominator made the application; and

    (d)for a person to whom subparagraph (c)(i) applies:

    (i)       the person will be employed on a full-time basis in the position for at least 2 years; and

    (ii)      the terms and conditions of the person’s employment will not include an express exclusion of the possibility of extending the period of employment; and

    (e)the terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that:

    (i)are provided; or

    (ii)would be provided;

    to an Australian citizen or an Australian permanent resident for performing equivalent work in the same workplace at the same location; and

    (f)either:

    (i)       the nominator:

    (A)fulfilled any commitments the nominator made relating to meeting the nominator’s training requirements during the period of the nominator’s most recent approval as a standard business sponsor; and

    (B)complied with the applicable obligations under Division 2.19 relating to the nominator’s training requirements during the period of the nominator’s most recent approval as a standard business sponsor; or

    (ii)      it is reasonable to disregard subparagraph (i); and

    Note Different training requirements apply depending on whether the application for approval as a standard business sponsor was made before 14 September 2009 or on or after that date.

    (g)either:

    (i)       there is no adverse information known to Immigration about the nominator or a person associated with the nominator; or

    (ii)      it is reasonable to disregard any adverse information known to Immigration about the nominator or a person associated with the nominator; and

    (h)the nominator has a satisfactory record of compliance with the laws of the Commonwealth, and of each State or Territory in which the applicant operates a business and employs employees in the business, relating to workplace relations; and

    (i)there is a genuine need for the nominator to employ the person, as a paid employee, to work in the position under the nominator’s direct control.