Consolidated Realty Holdings Pty Ltd (Migration)

This matter concerned an application for approval of a nomination of a position under the Temporary Residence Transition stream, brought before the Administrative Appeals Tribunal. The applicant sought to have the nomination approved, but the Tribunal was required to determine whether the requirements of regulation 5.19(3) of the Migration Regulations 1994 were met.

The primary legal issue before the Tribunal was whether the nominator was actively and lawfully operating a business in Australia, as required by regulation 5.19(3)(b)(ii). This involved assessing the evidence of the nominator's business operations, particularly in light of the lack of recent financial documentation provided by the applicant. The Tribunal also considered whether the application itself was compliant under regulation 5.19(3)(a).

The Tribunal found that while the application was compliant under regulation 5.19(3)(a), there was insufficient recent evidence to satisfy the Tribunal that the nominator was actively and lawfully operating a business in Australia, as required by regulation 5.19(3)(b)(ii). This conclusion was based on the absence of current financial statements, Business Activity Statements, or tax returns, and the fact that the most recent documentation provided dated back to March 2017 and the 2015/16 financial year. The Tribunal noted that it had invited the applicant to provide current information but received no response. As all requirements of regulation 5.19(3) must be met, and regulation 5.19(3)(b) was not satisfied, the Tribunal did not need to assess the remaining criteria.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.