Sheridan Corporation Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Sheridan Corporation Pty Ltd for approval of a nomination under the Direct Entry stream. The dispute concerned whether the applicant met the requirements for this nomination, specifically whether the nominator was actively and lawfully operating a business in Australia.

The primary legal issue before the Tribunal was to determine if Sheridan Corporation Pty Ltd satisfied the criteria outlined in regulation 5.19(4) of the Migration Regulations 1994, which governs the approval of nominations for the Direct Entry stream. This included assessing whether the nominator was actively and lawfully operating a business and directly operating that business, as stipulated in regulation 5.19(4)(b).

The Tribunal affirmed the decision to refuse the nomination. It noted that for a nomination to be approved, all requirements under regulation 5.19(4) must be met. The Tribunal considered the evidence presented by the applicant, which included financial statements, tax returns, activity statements, and other business documentation. However, the Tribunal ultimately found that it was not satisfied that the applicant was actively and lawfully operating a business at the time of the decision, a key requirement under regulation 5.19(4)(b)(i). The Tribunal also referred to the Department's policy on active operation and the practice of applying such policies unless they are unlawful or lead to an unjust decision, as established in *Re Drake and Minister for Immigration and Ethnic Affairs (No 2)*.