Ausaca Pty. Ltd (Migration)

The matter before the Tribunal concerned Ausaca Pty. Ltd. and a Temporary Residence Transition nomination stream application for the position of Import Officer. The delegate had refused to approve the nomination, finding that the applicant had not demonstrated sufficient financial capacity to employ the nominee for at least two years, and had also noted discrepancies in financial reporting and payroll expenditure.

The Tribunal was required to determine whether Ausaca Pty. Ltd. met all the requirements for the approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the applicant had the financial capacity to pay the nominated employee's salary for the required period, and whether the business was actively and lawfully operating in Australia with terms and conditions of employment no less favourable than those offered to Australian citizens or permanent residents in equivalent roles.

The Tribunal considered updated financial information provided by the applicant, including tax returns and financial reports for several years, as well as an organisational structure chart. It noted that the delegate's decision was based on earlier financial statements which indicated net liabilities and tax losses. However, the Tribunal found that the more recent financial documentation, coupled with evidence of the company's growth and the reporting structure of the nominated employee, satisfied the financial capacity requirement. The Tribunal also found that the business was actively and lawfully operating and that the terms and conditions of employment were appropriate.

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.