Nu Harry Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse a nomination lodged by Nu Harry Pty Ltd for the position of Transport Company Manager under the Direct Entry nomination stream. The nomination was made in favour of Mr Ranjit Singh, with the applicant's representative being Mrs Ramesh Kaur.

The primary legal issue before the Tribunal was whether Nu Harry Pty Ltd met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had the financial capacity to maintain the nominee's term of employment, given the business's financial performance and the requirement for full-time employment for at least two years.

The Tribunal's reasoning focused on the financial viability of Nu Harry Pty Ltd. The provided financial statements for 2015, 2016, and 2018 indicated net losses for each of those years, with a significant loss of $112,586 in 2018 after accounting for depreciation and other deductible expenses. The Tribunal found that the business was not operating at a profitable level and therefore was unable to offer full-time employment to the nominee for the required two-year period.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, as it was not satisfied that Nu Harry Pty Ltd met the requirements of regulation 5.19(4).