Renault Master Pty Ltd (Migration)

This matter concerned an application by Renault Master Pty Ltd for approval of a nomination under the Direct Entry stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied all the mandatory requirements for the Direct Entry nomination stream. Specifically, the Tribunal considered whether the applicant was actively and lawfully operating a business in Australia, and whether there was sufficient evidence to support this claim, given the lack of updated information provided by the applicant. The Tribunal also examined the requirements relating to the tasks of the position, the genuine need for the position, and any applicable training requirements.

The Tribunal found that while the initial application met the formal requirements of regulation 5.19(4)(a), it could not be satisfied that the nominator was actively and lawfully operating a business in Australia as required by regulation 5.19(4)(b). This conclusion was based on the fact that the most recent information provided by the applicant to the Department was from July 2019, and no updated information had been supplied to the Tribunal despite a request made in September 2022. Consequently, the Tribunal determined there was insufficient evidence to demonstrate the continued operation of the business as at October 2022.

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