Hridhaan Enterprises Pty Ltd (Migration)

This matter concerned an appeal by Hridhaan Enterprises Pty Ltd against a decision to refuse the approval of a nomination for a Café or Restaurant Manager position under the Direct Entry nomination stream. The core of the dispute revolved around whether the applicant, as the nominator, met the financial capacity requirements to employ the nominee for at least two years.

The Tribunal was required to determine if Hridhaan Enterprises Pty Ltd satisfied the criteria for approving a nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nominator demonstrated sufficient financial capacity to employ the nominee full-time in the nominated position for a minimum of two years, with a salary of $55,000 per annum, and whether there was a genuine need for this employment.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had failed to provide updated financial information beyond the 2016 and 2017 financial years. The available financial documents, including a profit and loss statement for FYE 30/06/2016 and BAS statements for July 2016 to June 2017, indicated a decline in the business's net financial position. Without further evidence or explanation demonstrating an improvement in profitability, the Tribunal was not satisfied that the nominator had the financial capacity to meet the employment obligations for the required period. Consequently, the requirement under regulation 5.19(4)(d)(i) was not met, leading to the refusal of the nomination.