G PLUS G GLOBAL TRADING PTY LTD (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of a nomination for a position under the Direct Entry stream. The applicant, G PLUS G GLOBAL TRADING PTY LTD, sought to have a nomination approved, but the delegate had refused it. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominator, G PLUS G GLOBAL TRADING PTY LTD, was actively and lawfully operating a business in Australia at the time of the decision, as required by regulation 5.19(4)(b)(i). The Tribunal had invited the applicant to provide updated and current information to demonstrate compliance with all relevant criteria, including evidence of an active and lawful business operation. Despite specific examples of requested documentation, such as ASIC registration, tax returns, and financial statements, the applicant failed to respond to this invitation.

The Tribunal reasoned that for a nomination to be approved, all the requirements of regulation 5.19(4) must be met. Given the lack of any response or supporting information from the applicant, the Tribunal was unable to be satisfied that the nominator was actively and lawfully operating a business in Australia. Consequently, the Tribunal concluded that the requirements of regulation 5.19(4)(b) were not met. As the applicant had not provided any information to satisfy the criteria for the Direct Entry stream, and had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream, the nomination could not be approved.

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