Karla Beate Johnson (Migration)

This matter concerned an application for approval of a nomination of a position under the Direct Entry stream, brought by Karla Beate Johnson as the nominator. The Administrative Appeals Tribunal, constituted by Member Mark Bishop, was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominating business, operated by Ms. Johnson, had demonstrated sufficient financial capacity to employ the nominated individual on a full-time basis for at least two years, as required by regulation 5.19(4)(d)(i). This involved assessing the financial viability of the business based on submitted tax returns and Business Activity Statements, and considering whether the business could sustain the proposed salary of $45,527.00 per annum, plus superannuation, for the nominated Hairdresser position.

The Tribunal affirmed the decision to refuse the nomination. Member Bishop found that the financial information provided, including tax returns for the financial years ending 30 June 2014 and 2015, and Business Activity Statements up to 30 June 2017, did not demonstrate a steady growth in sales or the overall financial position necessary to meet the future employment obligations. Specifically, the Tribunal noted the absence of tax returns for the 2016 and 2017 financial years and concluded that the provided sales figures alone were not indicative of the business's financial viability for the subsequent two years. Consequently, the Tribunal was not satisfied that the business had the financial capacity to pay the full-time salary for the nominated position for the required duration.