Eastwise Education Pty Ltd (Migration)

This matter concerned an application by Eastwise Education Pty Ltd for approval of a nominated position under the Direct Entry nomination stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominator, Eastwise Education Pty Ltd, was actively and lawfully operating a business in Australia, as required by regulation 5.19(4)(b)(i). The Tribunal also considered whether there was a genuine need for the nominated position within the business activity, as stipulated in regulation 5.19(4)(h)(i)(AA).

The Tribunal found that the applicant had failed to provide any evidence demonstrating that it was actively, lawfully, and directly operating a business in Australia since the application was lodged. While the company and its Australian Business Numbers remained registered, there was no further evidence, such as Business Activity Statements or tax returns, to substantiate ongoing operations. Consequently, the Tribunal was not satisfied that the requirement in regulation 5.19(4)(b)(i) was met. Furthermore, the Tribunal noted that the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3).

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