Anne Bee Holdings Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a dispute between Anne Bee Holdings Pty Ltd and the Department of Immigration regarding the approval of a nomination for a Marketing Specialist position under the Temporary Residence Transition stream. The core of the disagreement centred on whether the nominator, Anne Bee Holdings Pty Ltd, could sustain the nominated position for at least two years, given its financial capacity.

The Tribunal was required to determine if the applicant, Anne Bee Holdings Pty Ltd, met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether there was sufficient evidence to demonstrate that the nominator possessed the financial capacity to employ the nominated person in the position for a minimum of two years, as stipulated by the regulations.

The Tribunal's reasoning focused on the financial statements and Business Activity Statements (BAS) provided by the nominator. These documents revealed a declining financial performance, with net profit decreasing from $12,000 in the 2014/15 financial year to $0 in 2015/16, and further indications of reduced sales and wage expenditure in the subsequent BAS. The Tribunal noted the absence of a letter from an accountant attesting to the business's financial capacity and a lack of explanation for the downward financial trend or a plan for future improvement. Consequently, the Tribunal was not satisfied that the nominator could sustain the nominated position for the required period.

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