OVERALL TRADINGS PTY LTD (Migration)

This matter concerned an application for approval of a nomination of a position under the Direct Entry nomination stream, brought before the Tribunal by OVERALL TRADINGS PTY LTD. The dispute centred on whether the applicant met the requirements for approval, specifically concerning the nominator's financial capacity and the lawful operation of their business in Australia.

The Tribunal was required to determine if the nominator had demonstrated the capacity to pay the nominated employee's full-time salary for at least two years, as stipulated by regulation 5.19(4)(d)(i) of the Migration Regulations 1994. Furthermore, the Tribunal had to assess whether the nominator had proven they were actively and lawfully operating a business in Australia, as required by regulation 5.19(4)(b)(i) and (ii).

The Tribunal affirmed the decision to refuse the nomination. It found that the nominator had failed to provide current financial documentation, such as ATO Tax returns or profit and loss statements, beyond limited Business Activity Statements from 2016-2017. Crucially, the nominator did not respond to the Tribunal's request for updated information. The Tribunal also noted a statement from the nominator's Registered Migration Agent indicating the business had shut down due to COVID-19 restrictions, further undermining the claim of active and lawful operation. Consequently, the Tribunal was not satisfied that the nominator met the financial capacity requirements or that they were actively and lawfully operating a business in Australia.