Christi Contractors Pty Ltd (Migration)

This matter concerned an application by Christi Contractors Pty Ltd for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant met all the requirements of regulation 5.19(3) for the nomination to be approved.

The primary legal issues before the Tribunal were whether the applicant had a satisfactory record of compliance with workplace relations laws, specifically concerning superannuation payments, and whether the applicant demonstrated the financial capacity to employ the nominee for at least two years on a full-time basis, as required by regulation 5.19(3)(d). The Tribunal also considered the applicant's financial statements to assess their ability to meet future employment obligations.

The Tribunal found that the applicant had rectified irregularities in superannuation payments to the nominee, thereby satisfying the requirement under regulation 5.19(3)(h). However, upon reviewing the financial statements provided, the Tribunal noted consistent and appreciable losses across several financial years. The Tribunal communicated this concern to the applicant, inviting comment on whether these financial results would impact the ability to employ the nominee for the required two-year period under regulation 5.19(3)(d)(i). As the applicant did not provide a satisfactory response or demonstrate an improvement in financial capacity, the Tribunal was not satisfied that this criterion was met.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, as not all the requirements of regulation 5.19(3) were met.