Aussiewolf Pty Ltd (Migration)

This matter concerned an application by Aussiewolf Pty Ltd for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant sought approval for a position as an Accommodation and Hospitality Manager nec, with a nominated salary of $54,000 per annum. The decision was made by Karen McNamara.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the applicant had the financial capacity to employ the nominee on a full-time basis for at least two years, and whether the business itself was in a financial position to sustain such employment, given its history of consecutive losses since the 2018 financial year.

The Tribunal's reasoning focused on the applicant's financial capacity and the nature of the engagement with the nominee. Evidence presented showed the business had incurred significant net operating losses and negative net equity in the financial years 2018, 2019, and 2020. Furthermore, the nominee was engaged as a subcontractor, invoicing the applicant for work performed, rather than being a direct employee. The nominee's taxable income, as reflected in ATO Notices of Assessment, was substantially lower than the nominated salary, indicating a lack of capacity for the applicant to meet the $54,000 annual salary requirement for two years.

Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4). The Tribunal affirmed the decision under review to refuse the nomination.