KHAN BROTHERS GROUP PTY LTD (Migration)

The Administrative Appeals Tribunal considered a nomination application made by Khan Brothers Group Pty Ltd for the position of Transport Company Manager under the Direct Entry stream. The visa nominee was Mr Aitsham Ul Hassan. The core of the dispute concerned whether the nominator had provided sufficient evidence to demonstrate its financial capacity to provide full-time employment in the nominated position for at least two years, and whether the nominated position was genuine.

The Tribunal was required to determine if the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nominator had demonstrated the financial capacity to employ the nominee for the required period and whether the nominated position was genuine, as required by regulation 5.19(4)(d).

The Tribunal affirmed the decision to refuse the nomination. It reasoned that the nominator, Khan Brothers Group Pty Ltd, had not provided documentary evidence to establish its financial capacity or business viability to offer full-time employment in the nominated position for two years. The financial statements lodged, including profit and loss statements and company tax returns for the years ended 30 June 2018 and 2019, indicated losses and zero wages paid in 2019, which did not satisfy the delegate or the Tribunal of the business's capacity to sustain the nominated employment. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4)(d).