Futurz Pty Ltd (Migration)

This matter concerned an appeal by Futurz Pty Ltd against a decision to refuse its nomination for a Marketing Specialist position under the Temporary Residence Transition stream. The Administrative Appeals Tribunal was required to determine whether Futurz Pty Ltd met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal considered several legal issues, including whether the nomination application was compliant, whether the nominator, Futurz Pty Ltd, was actively and lawfully operating a business in Australia, and whether the nominated employee had worked in the position for the required period. Specifically, the Tribunal examined whether Futurz Pty Ltd met the criteria of being an actively and lawfully operating business, noting that ASIC records indicated an application for voluntary deregistration was in progress and strike-off action was underway. The Tribunal also considered the requirement that the nominated employee must have held the relevant visa and been employed in the nominated position for at least two years within the three years immediately preceding the nomination application.

The Tribunal found that while the nomination application itself was compliant in form and fee, and identified the necessary person and occupation, the nominator, Futurz Pty Ltd, did not meet the requirement of actively and lawfully operating a business in Australia. This conclusion was based on evidence from ASIC showing that the company had applied for voluntary deregistration and was subject to strike-off action, with no indication that this application had been withdrawn. Furthermore, the Tribunal noted that the nominated employee had not worked in the position for the requisite two-year period within the three years prior to the nomination application. The Tribunal affirmed the decision under review to refuse the nomination.