Domestic Cat Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving Domestic Cat Pty Ltd as the nominator. The dispute concerned the approval of a nominated position for a visa under the Migration Regulations 1994. The AAT, presided over by Member Amanda Mendes Da Costa, was tasked with reviewing the decision to refuse the nomination.

The primary legal issue before the Tribunal was whether the nominator met the requirements for the approval of a nominated position, specifically under regulation 5.19(4) and the stream-specific requirements of regulation 5.19(9) for a Direct Entry stream nomination. For the nomination to be approved, all stipulated requirements had to be satisfied.

The Tribunal's reasoning focused on regulation 5.19(9)(a), which requires the nominator to be "actively and lawfully operating a business in Australia." Based on the evidence presented, including information from ASIC records indicating the external administration of the nominator, the Tribunal was not satisfied that this requirement was met. Consequently, the Tribunal found that regulation 5.19(4)(f) was also not met. As a result, the Tribunal concluded that not all requirements of regulation 5.19 were satisfied, leading to the mandatory refusal of the nomination under regulation 5.19(3)(b).

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