Yellow Trading Pty Ltd (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by Yellow Trading Pty Ltd for approval of a nomination of a position under the Direct Entry nomination stream. The dispute centred on whether the applicant had provided sufficient evidence to satisfy the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Yellow Trading Pty Ltd had demonstrated that it met the criteria for the approval of its nomination, specifically concerning the need for a paid employee in the nominated position and the active and lawful operation of its business in Australia. The Tribunal was required to determine if the applicant had provided current and updated information to satisfy these requirements at the time of the decision.

The Tribunal's reasoning was based on the applicant's failure to respond to its invitation to provide updated and current information regarding the nomination requirements. Despite being provided with examples of the type of documentation that could satisfy the criteria, such as financial statements and local job advertisements, no response was received. Consequently, the Tribunal was unable to be satisfied that the nominator was actively and lawfully operating a business in Australia or that there was a genuine need to employ the nominee in the nominated position, as required by regulations 5.19(4)(b)(i) and 5.19(4)(h)(ii)(B) respectively.

The Tribunal affirmed the decision under review to refuse the nomination.