Gold Coast Holiday Services Pty. Ltd. ATF The Terry Koorockin Family Trust (Migration)

This matter concerned an appeal by Gold Coast Holiday Services Pty. Ltd. ATF The Terry Koorockin Family Trust against a decision to refuse the approval of an employer nomination for a Temporary Business Entry (Class UC) visa under the Direct Entry nomination stream. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had demonstrated sufficient financial capacity to pay the nominated salary of $185,000 per annum to the prospective employee for the required period of at least two years, as stipulated by regulation 5.19(4)(d)(i). The Tribunal also considered whether the applicant had provided adequate supporting documentation to satisfy this criterion, particularly in light of the limited financial information provided and the applicant's failure to respond to a request for further information from the Tribunal.

The Tribunal affirmed the decision to refuse the nomination. It reasoned that while the nomination application stated the employee would be employed full-time for at least two years at a salary of $185,000 per annum, the provided financial statements did not support this claim. The statements indicated a net profit before tax of $130,704, limited current assets, and significant current liabilities, which were inconsistent with the applicant's capacity to pay the proposed salary for the required duration. Furthermore, the applicant failed to provide any additional information to demonstrate financial capacity when invited to do so by the Tribunal.

Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4), specifically regarding the financial capacity to pay the nominated salary. The nomination could not be approved, and the Tribunal affirmed the decision under review to refuse the nomination.