Beulah Meat Products PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by Beulah Meat Products Pty Ltd, an Australian registered corporation trading as Beulah Meat Butcher Shop, for approval of a nominated position. The company sought to continue employing Jaime Jr Asuncion Tisico, a citizen of the Philippines, as a Butcher or Smallgoods Maker under the Temporary Residence Transition stream. The delegate had refused the application, finding that the business lacked the financial capacity to employ the nominee for at least two years and to pay the required market salary rate, as the business was trading at a loss in 2019.

The primary legal issue before the Tribunal was whether Beulah Meat Products Pty Ltd met the requirements for the approval of the nomination under regulation 5.19 of the Migration Regulations 1994, specifically concerning the nominator's financial capacity to employ the nominee for the requisite period and at the prescribed salary. The Tribunal also considered the general requirements for nomination approval under regulation 5.19(4) and the stream-specific requirements under regulation 5.19(5).

The Tribunal reasoned that while the business had experienced losses in 2019, this was largely due to initial funding costs. Crucially, the Tribunal noted significant business growth and profitability since the nominee's employment and during periods when the business was exempt from COVID-19 lockdowns. Evidence presented, including recent tax returns and a director's statement, demonstrated that the business had the capacity to employ the nominee for at least two years and to pay the market salary rate. The Tribunal found that the directors had been using business trading to reduce debts from the initial funding, and that labour shortages in the sector further supported the need for the nominee.

Consequently, the Tribunal set aside the delegate's decision and substituted a new decision approving the nomination. The outcome of the nomination application was also considered to be determinative of the related visa application for the nominee and his family.