Grace DMS Pty Ltd (Migration)

This matter concerned an application by Grace DMS Pty Ltd for approval of its nomination of a position for a chef. The applicant sought to nominate Mr Jang for a position as a chef at its restaurant, Haru Cairns. The Tribunal was required to determine whether the company had the financial capacity to employ Mr Jang as a chef, as well as two other foreign nationals for whom the company had made separate nominations.

The legal issues before the Tribunal were whether the company had demonstrated it had the financial capacity to employ the nominee and two other individuals, and whether the nominated position was genuine. The Tribunal considered evidence from Mr Kim, a director of the company, who stated he did not work in the restaurant and relied on Mr Jang for its operational management. Mr Kim also indicated a lack of knowledge regarding other nominations made by the company.

The Tribunal found that the company had not satisfied the criteria for the nomination to be approved. Specifically, the Tribunal was not satisfied that the company had the financial capacity to employ two chefs, given its minimal profit and the fact that no tax or superannuation had been paid in the last financial year. This lack of financial capacity meant the company could not genuinely offer the position to the nominee. Consequently, the Tribunal affirmed the decision not to approve the nomination.