ALI NOOR HOLDINGS PTY LTD (Migration)

This matter concerned an application by ALI NOOR HOLDINGS PTY LTD for approval of a nomination of a position under the Direct Entry stream of the Employer Nomination Scheme (Subclass 186) visa. The primary issue before the Tribunal was whether the applicant met the general requirements for approval of a nomination under regulation 5.19(4) and the specific requirements for the Direct Entry stream under regulation 5.19(9) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had demonstrated sufficient financial capacity to employ the nominated person on a full-time basis for at least two years, as stipulated by regulation 5.19(9)(e). This involved assessing the financial statements provided, which indicated a loss and negative business equity for the financial year ending 30 June 2018, and a seemingly disproportionate wages expenditure relative to the number of employees. Furthermore, the Tribunal had to consider whether the applicant had provided updated and current information to demonstrate a stronger financial position, particularly in light of the Tribunal's invitation to do so.

The Tribunal affirmed the delegate's decision to refuse the nomination. The delegate had noted concerns regarding the applicant's financial capacity, citing the loss in the 2018 financial year, negative business equity, and an apparent discrepancy between wages expenditure and the number of employees. Crucially, the applicant failed to respond to the Tribunal's invitation to provide updated financial information, including tax returns, business activity statements, and recent financial statements. In the absence of this information, the Tribunal could not be satisfied that the applicant met the requirements of regulation 5.19(9)(e) or other relevant provisions, leading to the conclusion that the nomination could not be approved.