Dhir Pty Ltd Atf Dhir Family Trust (Migration)

This matter concerned an application by Dhir Pty Ltd Atf Dhir Family Trust for approval of a nomination for a Taxation Accountant position under the Direct Entry stream of the Regional Sponsored Migration Scheme. The applicant sought to employ Mr Tarun Kumar in the nominated position in Toowoomba, Queensland, with a proposed salary of $60,000. The decision reviewed was the refusal of this nomination.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994 (Cth). Specifically, the Tribunal considered the applicant's financial capacity to employ the nominee for the required period of at least two years, and whether there was a genuine need for the position.

The Tribunal affirmed the decision to refuse the nomination. It reasoned that it was entitled to consider the financial viability of the applicant's business when assessing its ability to meet the requirement of employing the nominee for at least two years, citing established case law. The Tribunal noted that the applicant had shown a small profit and loss in recent financial years and that there was little evidence of the nominee currently working in the position. The Tribunal also noted that the applicant did not respond to an invitation to comment on a Section 375 Certificate, although it placed no weight on this certificate due to its age. The Tribunal concluded that not all requirements for the nomination's approval had been met.