The Trustee for Jayasuriya Family Trust (Migration)

This matter concerned an application for approval of a nomination of a position under the Temporary Residence Transition stream, brought by The Trustee for Jayasuriya Family Trust. The dispute arose from the Tribunal's decision to affirm the original decision to refuse the nomination. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominator, The Trustee for Jayasuriya Family Trust, met the criteria stipulated in regulation 5.19(3)(b). This regulation requires the nominator to be, or have been, a standard business sponsor actively and lawfully operating a business in Australia. The Tribunal noted that the applicant had not provided any substantive response to the Tribunal's request for current information, nor had they submitted any evidence to satisfy the Tribunal that the business was actively and lawfully operating.

In reaching its decision, the Tribunal applied the principles of regulation 5.19(3)(b), which mandates that all requirements for nomination approval must be met. Due to the lack of contemporary evidence and the failure to respond to the Tribunal's request for updated information, the Tribunal was not satisfied that the nominator was actively and lawfully operating a business in Australia. Consequently, the Tribunal found that the requirement under regulation 5.19(3)(b) was not met. The Tribunal also noted that the applicant had not sought to satisfy the criteria for the Direct Entry nomination stream, thus failing to meet the requirements of regulation 5.19(4).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination of the position.