Dreamland (Australia) Pty Ltd ATF The Peters Family Trust (Migration)

The Administrative Appeals Tribunal considered an application by Dreamland (Australia) Pty Ltd ATF The Peters Family Trust (the applicant) to review a decision to refuse the approval of an employer nomination. The dispute centred on whether the applicant met the requirements for approval of the nomination under the Direct Entry stream of the relevant migration regulations.

The Tribunal was required to determine if the applicant satisfied all the criteria stipulated in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal examined whether the nominated employee would be employed full-time for at least two years with terms and conditions that did not expressly exclude an extension, and crucially, whether the applicant possessed the financial capacity to provide the stated employment.

In its reasoning, the Tribunal analysed the applicant's financial records, including profit and loss statements for the years 2015, 2016, and 2017, which indicated fluctuating profitability and a loss in 2017. The Tribunal also considered evidence regarding the applicant's personal drawings from the business, noting a discrepancy between the stated personal income and the absence of corresponding entries in the financial records. Furthermore, the Tribunal found that the wages paid to the nominee were significantly less than the amount stipulated in the employment agreement. Based on these findings, the Tribunal concluded that the applicant had not demonstrated sufficient financial capacity to meet the employment obligations.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(4).