HOSPITALITY & KITCHEN NEEDS PTY LTD (Migration)

This matter concerned an application by Hospitality & Kitchen Needs Pty Ltd for approval of a nomination of a position under the Temporary Residence Transition stream. The applicant sought to nominate Xianyu Fu for the position of Construction Project Manager. The decision was made by Sheridan Lee, Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominator, Hospitality & Kitchen Needs Pty Ltd, could demonstrate sufficient financial capacity to sustain the nominated full-time position for at least two years, as required by regulation 5.19(3)(d).

The Tribunal's reasoning focused on the applicant's financial position, which showed significant and increasing losses over three consecutive financial years. While the applicant presented evidence of future projects, including quotes for fitout works and a letter from a subcontractor, these documents were found to be undated, unsigned, or lacking accompanying contracts. The Tribunal was not satisfied that this evidence sufficiently demonstrated the business's capacity to meet the future employment obligations for the nominee, particularly given the ongoing financial losses. Consequently, the Tribunal affirmed the decision to refuse the nomination.