A R Chazzer & J S Chazzer (Migration)

This matter concerned a review by the Tribunal of a decision to refuse a nomination under the Temporary Residence Transition nomination stream. The parties involved were A R Chazzer & J S Chazzer (the applicant) and the delegate of the Minister.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of a nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal was required to determine if the nominator was actively and lawfully operating a business in Australia at the time of the decision, as stipulated by regulation 5.19(3)(b).

The Tribunal affirmed the decision to refuse the nomination. It noted that the applicant had been invited to provide updated information addressing the requirements of regulation 5.19, but had failed to do so within the prescribed period or by the date of the decision. The most recent information before the Tribunal dated from mid-2019, and in the absence of any current information demonstrating the applicant's continued operation of a business, the Tribunal could not be satisfied that the nominator was actively and lawfully operating a business in Australia. Consequently, the requirement under regulation 5.19(3)(b) was not met, and the nomination could not be approved.