Office Supplies Express Pty Ltd (Migration)

The Administrative Appeals Tribunal (C. Packer Member) considered a review of a decision to refuse the approval of a nomination under the Direct Entry stream of the Migration Regulations 1994. The applicant sought to have a nomination approved, which is a prerequisite for certain visa applications.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had identified a need to employ a paid employee to work in the nominated position under their direct control, and if the nominator was actively and lawfully operating a business in Australia.

The Tribunal reasoned that the applicant had failed to provide current information to demonstrate a need to employ a paid employee or that the nominator was actively and lawfully operating a business. Despite being invited to provide such information, the applicant did not do so within the prescribed period. Consequently, the Tribunal was not satisfied that the requirements of regulation 5.19(4)(a) and (b) were met. As the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3), the nomination could not be approved.

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