Star Trading Pty Ltd (Migration)

The Administrative Appeals Tribunal affirmed a delegate's decision to refuse a nomination for a Temporary Residence Transition stream visa. The applicant, Star Trading Pty Ltd, sought to nominate an individual for this visa. However, the Tribunal found that the nominator business was no longer actively and lawfully operating in Australia, having been placed into liquidation by court order.

The primary legal issue before the Tribunal was whether Star Trading Pty Ltd continued to meet the criteria for a nominator under the relevant migration regulations, specifically concerning the active and lawful operation of its business in Australia. The Tribunal also considered the implications of the company's liquidation on its ability to satisfy these requirements.

The Tribunal reasoned that the liquidation of Star Trading Pty Ltd meant it was no longer actively operating a business in Australia. Despite an invitation to provide further information regarding the business's status, no response was received from the applicant. Consequently, the Tribunal concluded that the delegate's decision to refuse the nomination was correct, as the nominator no longer met the essential criteria for sponsorship.