Spifo Pty Ltd (Migration)

This matter concerned an application by Spifo Pty Ltd for approval of a nomination of a position under the Direct Entry nomination stream. The Administrative Appeals Tribunal was required to review the Department's decision to refuse the nomination. The applicant had provided additional information to the Tribunal that was not before the original delegate, including financial statements and an offer of employment.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to determine if the nominator was actively and lawfully operating a business in Australia, and if all other criteria under the Direct Entry stream were satisfied at the time of the Tribunal's decision. The Tribunal had invited the applicant to provide updated and current information regarding these requirements.

The Tribunal noted that the applicant failed to respond to its invitation to provide updated information, including details about whether it was actively and lawfully operating a business. Despite the applicant submitting more information with its application for review than was provided to the delegate, the Tribunal was not satisfied that all the criteria under regulation 5.19(4) had been met, particularly concerning the active and lawful operation of the business. The Tribunal applied the principle that all relevant criteria must be satisfied at the time of its decision.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.