Brighton Pacific Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute between Brighton Pacific Pty Ltd and the Department of Home Affairs concerning the approval of a nomination for a skilled migration visa. The core of the disagreement centred on whether Brighton Pacific Pty Ltd, as the nominator, met the requirements of Regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the proposed employment of the nominee.

The legal issues before the Tribunal were whether the nominee would be employed on a full-time basis for at least two years in the nominated position, and whether Brighton Pacific Pty Ltd possessed the financial capacity to meet the substantial salary package for the nominee over the required employment period. The Tribunal was required to assess the evidence presented by Brighton Pacific Pty Ltd, including financial statements, activity statements, and employment contracts, against the regulatory criteria.

The Tribunal's reasoning focused on the financial viability of Brighton Pacific Pty Ltd. Despite evidence of increased sales revenue in the 2017 financial year, the Tribunal placed little weight on the activity statements alone, as they did not provide a comprehensive record of trading expenses. Crucially, the financial statements revealed significant trading losses in the 2015 and 2016 financial years, with net liabilities of $1,798,697 at the end of the 2016 financial year. This financial position was found to be insufficient to demonstrate the capacity to pay the nominated salary of $203,499.91 per annum for at least two years, a requirement derived from Regulation 5.19(4)(d)(i) and supported by the principle established in *MIBP v Jayshree Enterprises Pty Ltd* [2017] FCA 264.

Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination. The applicant failed to provide sufficient evidence to satisfy the Tribunal that the nominee would be employed full-time for at least two years, primarily due to the demonstrated lack of financial capacity to meet the proposed salary obligations.