BRYSON PROPERTY INVESTMENTS PTY LTD ATF BRYSON PROPERTY INVESTMENTS UNIT TRUST (Migration)

This matter concerned an appeal to the Tribunal by BRYSON PROPERTY INVESTMENTS PTY LTD ATF BRYSON PROPERTY INVESTMENTS UNIT TRUST (the applicant) against the Department's decision to refuse the approval of a nomination for a position under the Temporary Residence Transition stream. The applicant sought to nominate a Marketing Specialist for employment.

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 future employment of the visa holder. This required the Tribunal to be satisfied that the applicant, or its associated entity Brilliant, had the financial capacity to employ the nominee on a full-time basis for at least two years, on terms that did not preclude an extension of employment.

The Tribunal considered evidence of the applicant's financial position, including draft tax returns showing consistent and escalating losses, and submissions that daily financial obligations were met by shareholder injections. However, the Tribunal found that there was no contractual or legally enforceable mechanism compelling shareholders to provide these funds. Without such enforceability, and given the ongoing losses and uncertain financial outcomes of development projects, the Tribunal concluded that the applicant could not establish the financial capacity to meet its obligations, including the nominee's salary, for the required period. Consequently, the Tribunal affirmed the Department's decision to refuse the nomination.