General Real Estate Investment (Australia) Pty Ltd (Migration)

The Administrative Appeals Tribunal, with Mr S Norman as Member, considered an application by General Real Estate Investment (Australia) Pty Ltd concerning the refusal of a nomination for a Corporate General Manager position. The dispute centred on whether the applicant, the nominating business, met the requirements for approval under the Direct Entry nomination stream of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the core issue was whether the nominating business was actively and lawfully operating, whether it directly operated the business, and whether the proposed employment met the specified duration and terms and conditions. The Tribunal also considered the applicant's failure to meet the requirements of the Temporary Residence Transition stream.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(4). The decision noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, as required by regulation 5.19(3). Consequently, the nomination could not be approved.