4D High Tech Biochemistry Pty Ltd (Migration)

This matter concerned an appeal by 4D High Tech Biochemistry Pty Ltd against a decision to refuse the approval of an employer nomination under the Direct Entry stream. The core of the dispute revolved around whether the nominating business met the financial and operational requirements stipulated by the Migration Regulations 1994 for such a nomination.

The Tribunal was required to determine if the nominating business, 4D High Tech Biochemistry, was actively and lawfully operating and in a financial position to provide full-time employment for at least two years, as mandated by regulation 5.19(4)(d). Specifically, the Tribunal had to assess the business's financial performance, including its income, losses, and the absence of salary payments to its sole director, against the regulatory criteria for an approved nomination.

The Tribunal affirmed the decision to refuse the nomination, finding that the evidence did not satisfy the requirements of regulation 5.19(4). The financial statements presented revealed minimal income and significant losses across multiple financial years, indicating an inability to sustain full-time employment for the nominated period. Furthermore, the fact that the director had not been paid a salary, coupled with limited business activities and a recent change in business focus, led the Tribunal to conclude that the business was not in a position to meet the regulatory obligations for an employer nomination.