Australia National Wine Pty Ltd (Migration)

This matter concerned an appeal by Australia National Wine Pty Ltd against a decision to refuse the approval of a nominated position under the Temporary Residence Transition nomination stream. The nominated position was for an Importer or Exporter (ANZSCO 133311). The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue was whether the applicant had provided sufficient evidence to satisfy the Tribunal that it was actively and lawfully operating a business in Australia and that the nominated position met the regulatory requirements. Specifically, the Tribunal considered whether the applicant's business activities genuinely supported the nominated occupation of Importer or Exporter, and whether the proposed employment was full-time and for a duration of at least two years, with no express preclusion of extension.

The Tribunal found that the applicant had not provided sufficient evidence to demonstrate its involvement in importing or exporting activities, beyond its primary operation as a takeaway food restaurant. The financial statements did not indicate the capacity to employ a nominee in the proposed role, nor was there evidence of business development or arrangements for exporting lamb meat. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(3), particularly concerning the nature of the business and the proposed employment.

The Tribunal affirmed the decision under review to refuse the nomination.