Halal Restaurant Supplies Pty Ltd (Migration)

This matter concerned an application by Halal Restaurant Supplies Pty Ltd for approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant sought to nominate a position for a Café or Restaurant Manager, with Mr Sath Prasad Priyadarshana Wijayalath Pathirannahalage identified as the nominee. The core dispute revolved around the applicant's financial capacity to maintain the nominee's future employment, particularly in light of significant financial losses incurred by the business in previous financial years. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994.

The Tribunal considered whether the applicant had demonstrated sufficient financial capacity to meet its employment obligations to the nominee for at least two years, as required by regulation 5.19(3)(d). The delegate's refusal was primarily based on substantial losses in the 2014-2015 and 2015-2016 financial years, raising concerns about the business's ability to sustain the nominee's employment. The Tribunal also examined the applicant's submissions and evidence provided in response to requests for updated information, including financial statements, explanations for past losses, and details of operational changes.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not satisfied the criteria under regulation 5.19(3), specifically regarding its financial capacity to ensure the nominee's continued employment. Despite the applicant's explanations for past losses and the provision of subsequent financial information, the Tribunal was not satisfied that the business could meet its future employment obligations. Consequently, the nomination could not be approved.