Yellow Trading Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision by the Minister to refuse the nomination of a position by Yellow Trading Pty Ltd. The dispute concerned whether Yellow Trading Pty Ltd met the requirements for approval of a nomination under the Direct Entry nomination stream, as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if Yellow Trading Pty Ltd had satisfied each of the criteria stipulated in regulation 5.19(4). Specifically, the Tribunal examined whether the application was made in the approved form and accompanied by the prescribed fee, whether the nominator was actively and lawfully operating a business in Australia, whether the nominated position was not a labour-hire arrangement, and whether the terms and conditions of employment for the nominee met the regulatory requirements, including those relating to duration and equivalence with terms offered to Australian workers.

The Tribunal found that Yellow Trading Pty Ltd had failed to provide sufficient evidence to satisfy several key requirements of regulation 5.19(4). This included a lack of evidence regarding the need for the nominator to employ the identified person under their direct control, insufficient evidence of the business actively and lawfully operating (including concerns about GST registration), and no evidence provided concerning the terms of employment for the nominee or the nature of the position in relation to labour hire. Consequently, the Tribunal concluded that the applicant had not met the necessary criteria for the nomination to be approved.

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