HAOYU PTY LTD (Migration)

This matter concerned an application for review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant, HAOYU PTY LTD, sought to challenge the Minister's refusal to approve a nomination under the Temporary Residence Transition (TRT) nomination stream. The core of the dispute revolved around whether HAOYU PTY LTD possessed the financial capacity to meet the requirements of the nomination.

The primary legal issue before the court was whether the Minister's delegate erred in finding that HAOYU PTY LTD did not have the financial capacity to satisfy the nomination requirements. This involved an assessment of the evidence presented by HAOYU PTY LTD, particularly in relation to its business operations and financial viability, and whether this evidence adequately demonstrated that the business was financially sound and capable of meeting its obligations.

The court considered the evidence that HAOYU PTY LTD had provided, including documentation demonstrating an increase in turnover and the fact that the nominee had been employed by the company since 2014. Upon review of this material, the court found that the delegate had failed to properly consider the evidence of the business's increased turnover and its overall financial viability. Consequently, the court determined that the delegate's decision was not supported by the evidence before them. The court set aside the decision under review.