Bhangu Pty Ltd ATF Raam Family Trust (Migration)

The Administrative Appeals Tribunal considered an application by Bhangu Pty Ltd ATF Raam Family Trust for approval of a nomination of a position under the Temporary Residence Transition stream. The applicant operates Rehaan Automotive Care, a business employing mechanics and an apprentice, some of whom are on temporary visas. The dispute centred on whether the applicant demonstrated sufficient financial capacity to provide full-time employment for two years, a requirement for the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the financial capacity to employ the nominated person full-time for two years. This involved an examination of the company's financial statements, including its cash flow, superannuation contributions, depreciation, and profit or loss for relevant financial years.

The Tribunal's reasoning focused on the financial viability of the business. While the applicant provided profit and loss statements showing profits in recent years, the Tribunal noted that the correct expenditure on superannuation for the 2018-19 financial year resulted in a net loss. This calculation indicated that the business did not meet the financial capacity threshold required for the nomination to be approved.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, as the applicant had not satisfied all the necessary criteria under regulation 5.19(3).