Sylina Pty Ltd ATFT Sylina Family Trust No 2 (Migration)

This matter concerned an application by Sylina Pty Ltd ATFT Sylina Family Trust No 2 for approval of a nomination for an Export Coordinator position under the Direct Entry nomination stream. The original decision by the Department had refused the nomination, finding that the applicant had not satisfied regulation 5.19(4)(a)(ii) of the Migration Regulations 1994, which requires the nominator to identify a need to employ a paid employee to work in the position under their direct control. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994, particularly whether the nominator was actively and lawfully operating a business in Australia, as required by regulation 5.19(4)(b). The Tribunal was required to be satisfied that all relevant criteria were met at the time of its decision.

The Tribunal noted that it had invited the applicant to provide updated information regarding its business operations, including evidence of being actively and lawfully operating, its organisational structure, and the roles and duties of the nominated position. Despite these invitations, the applicant failed to provide any response or updated information. Consequently, the Tribunal was unable to be satisfied that the nominator was actively, lawfully, and directly operating a business in Australia at the time of the decision, a crucial requirement for the nomination's approval.

As the applicant had not provided the necessary information to satisfy the Tribunal of compliance with the requirements of regulation 5.19(4), and had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, the Tribunal affirmed the original decision to refuse the nomination.