Move Services Pty Ltd (Migration)

This matter concerned an application by Move Services Pty Ltd (Migration) for approval of a nominated position under the Direct Entry nomination stream. The dispute arose when the delegate refused to approve the nomination, a decision that was subsequently affirmed by the Tribunal. The primary issue before the Tribunal was whether the applicant, Move Services Pty Ltd, met the requirements for approval of the nominated position as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if Move Services Pty Ltd was actively and lawfully operating a business in Australia, as stipulated by regulation 5.19(4)(b). This involved assessing concerns raised by the delegate regarding the applicant's business premises, including evidence of arrears on rental payments, the premises not being occupied as a business, and the submission of draft financial documents. Furthermore, the Tribunal had to consider whether the applicant had provided sufficient evidence to satisfy these concerns, particularly after being invited to provide updated information and failing to respond to multiple attempts at contact.

In its reasoning, the Tribunal found that the applicant had not provided sufficient evidence to demonstrate that it was actively and lawfully operating a business in Australia. Despite initial concerns raised by the delegate and a subsequent invitation from the Tribunal to provide current information, the applicant failed to submit any supporting documents or engage with the review process for over 12 months. Consequently, the Tribunal was unable to be satisfied that the applicant met the criteria under regulation 5.19(4)(b). The Tribunal accordingly affirmed the delegate's decision to refuse the nomination.