G Plus G Global Trading Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by G Plus G Global Trading Pty Ltd concerning the refusal of a nomination for a position under the Direct Entry stream. The core dispute revolved around whether the applicant, as the nominator, met the regulatory requirements for an actively and lawfully operating business in Australia at the time of the Tribunal's decision.

The legal issue before the Tribunal was whether the applicant satisfied the criteria outlined in regulation 5.19(4) of the Migration Regulations 1994, specifically subregulation (4)(b)(i), which requires the nominator to be "actively and lawfully operating a business in Australia." The Tribunal was also required to determine if the applicant had provided sufficient evidence to demonstrate this, particularly in light of an invitation to provide updated information.

The Tribunal affirmed the delegate's decision to refuse the nomination because the applicant failed to provide any evidence demonstrating it was actively and lawfully operating a business in Australia. Despite being invited by the Tribunal to submit updated information, including examples such as ASIC registration, tax returns, and financial statements, the applicant did not respond. Consequently, the Tribunal could not be satisfied that the applicant met the essential criterion under regulation 5.19(4)(b)(i) at the time of its decision.

The Tribunal concluded that, as the applicant had not met the requirements of regulation 5.19(4) and had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3), the nomination could not be approved. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.