R&V Rana Enterprises Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by R&V Rana Enterprises Pty Ltd concerning a nomination under the Temporary Residence Transition stream. The dispute centred on whether the applicant, as the nominator, met the requirements for approval of the nomination, specifically regarding its financial status and the active and lawful operation of its business in Australia.

The primary legal issue before the Tribunal was whether R&V Rana Enterprises Pty Ltd satisfied the criteria set out in regulation 5.19(3) of the Migration Regulations 1994. This included determining if the nominator was actively and lawfully operating a business in Australia, as required by regulation 5.19(3)(b)(ii). The Tribunal also had to consider information that emerged during the review process, specifically that the applicant's Australian Business Number (ABN) had been cancelled.

The Tribunal's reasoning focused on the requirement that the nominator must be actively and lawfully operating a business in Australia. It noted that the applicant's ABN had been cancelled on 3 December 2019. In the absence of evidence demonstrating that the applicant was actively and lawfully operating any business following this cancellation, the Tribunal was not satisfied that this essential criterion of regulation 5.19(3)(b)(ii) had been met. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.