UNIVERSAL TRADE PTY LTD (Migration)

This matter concerned an appeal to the Tribunal regarding the refusal of a nomination for a position under the Direct Entry stream of the employer nomination provisions of the *Migration Regulations 1994*. The applicant was Universal Trade Pty Ltd, a grocery business, and the dispute centred on whether the nominated position met the requirements for approval under regulation 5.19(4).

The primary legal issue before the Tribunal was to determine whether Universal Trade Pty Ltd, as the nominator, satisfied all the criteria stipulated in regulation 5.19(4) for the approval of the nominated position. This involved assessing whether the application was compliant, if the nominator was actively and lawfully operating a business in Australia, if the position was not a labour-hire arrangement, and crucially, whether there was any adverse information known to Immigration about the nominator or associated persons that could not be disregarded.

The Tribunal considered the evidence in relation to each subregulation of 5.19(4). It found that the application was made in the approved form and accompanied by the prescribed fee, and that the nominator, a grocery store operating since 2003, was actively and lawfully operating its business. The Tribunal also determined that the business was not involved in labour hire activities. However, the Tribunal ultimately affirmed the delegate's decision to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(4). The specific reasons for this dissatisfaction were not detailed in the provided text beyond a general statement that the applicant had not met the criteria.