Nine Dings Pty Ltd (Migration)

This matter concerned an application by Nine Dings Pty Ltd for approval of a nominated position under the Direct Entry nomination stream. The applicant sought to nominate a Managing Director, with a guaranteed annual earning of $185,000, for a period of at least two years. The Department of Home Affairs had previously refused the nomination, and the applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether Nine Dings Pty Ltd met the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically concerning its financial capacity to pay the nominated employee's full-time salary for at least two years. The Tribunal was required to assess the financial statements and other evidence provided by the applicant to determine if it had demonstrated the capacity to meet this obligation, given the business's reported losses.

The Tribunal affirmed the decision to refuse the nomination. It found that the financial losses sustained by the applicant company had increased annually, and despite submissions regarding injections of capital and loans for a development project, the Tribunal was not persuaded that the applicant possessed the requisite financial capacity. The Tribunal concluded that the material submitted did not adequately demonstrate the ability to pay the nominated salary for the required duration, a key criterion under regulation 5.19(4)(d).