ISMAIL, AHMER ARIF (Migration)

This matter concerned an appeal by Ahmer Arif Ismail against a decision to refuse a nomination under the Temporary Residence Transition stream. The primary issue before the Tribunal was whether the applicant, as the nominator, met the requirements for approval of the nomination, specifically concerning the operation of a business in Australia.

The Tribunal was required to determine if the nominator was actively and lawfully operating a business in Australia, as stipulated by regulation 5.19(3)(b)(ii) of the Migration Regulations 1994. This involved assessing whether the business, identified as Python Tech, was properly registered and operating in accordance with Australian law. The Tribunal also considered whether it was necessary to address the issue of adverse information known about the nominator, which had been a factor in the original delegate's decision.

The Tribunal's reasoning focused on the evidence presented regarding the nominator's business registration. It noted that the Australian Business Number (ABN) and the business name "Python Tech" had both been cancelled. Despite being invited to comment on this information, the applicant failed to respond. Consequently, the Tribunal was not satisfied that the nominator was actively and lawfully operating a business in Australia, thereby failing to meet the requirement of regulation 5.19(3)(b)(ii). As this criterion was not met, the Tribunal did not consider it necessary to examine the adverse information.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the requirements of regulation 5.19(3). The applicant had also not sought to satisfy the criteria for the Direct Entry nomination stream, meaning the nomination could not be approved.