Polat, Sabri (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse an employer nomination for a visa under the Temporary Residence Transition stream. The applicant sought approval of a nominated position, but the Tribunal was required to determine whether the nominator met the relevant regulatory requirements.

The primary legal issue before the Tribunal was whether the nominator satisfied the criteria set out in regulation 5.19(3)(b) of the Migration Regulations 1994. This regulation requires the nominator to be, or have been, a standard business sponsor actively and lawfully operating a business in Australia, and to not have met certain criteria concerning overseas business operations at the time of their most recent sponsorship approval.

The Tribunal reasoned that there was insufficient evidence to demonstrate that the nominator was actively and lawfully operating a business in Australia at the time of the decision. Despite acknowledging that a significant period had passed since the nominator restructured its business model, the applicant had not provided any updated information, such as Business Activity Statements or company tax returns, to substantiate its current operational status. Consequently, the Tribunal found that the requirement under regulation 5.19(3)(b) was not met. The Tribunal affirmed the decision under review to refuse the nomination.