M G CREATIVE ENTERPRISE PTY LTD (Migration)

This matter concerned an appeal by M G Creative Enterprise Pty Ltd against a decision to refuse the nomination of a position under the Direct Entry stream of the Migration Regulations 1994. The Tribunal, presided over by Warren Stooke AM, was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4).

The primary legal issues before the Tribunal were whether the applicant had provided all requested information within the prescribed period, whether the nominator was actively and lawfully operating a business in Australia, and whether there was a genuine need to employ the nominee in the nominated position. Specifically, the Tribunal considered whether the application complied with regulation 5.19(2) and the requirements of regulation 5.19(4)(a) and (b).

The Tribunal reasoned that the applicant had failed to respond to a request for information dated 11 August 2023 and had not provided the requisite information to satisfy regulation 5.19(2). Consequently, the Tribunal was not satisfied that the application complied with the requirements of regulation 5.19(2), which in turn meant that regulation 5.19(4)(a) was not met. Furthermore, the Tribunal was not satisfied that the applicant was actively operating a business at the time of the decision, nor had they provided current information demonstrating a genuine need to employ the nominee in the nominated position.

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(4).