PREM SAMUEL PRAKASH (Migration)

This matter concerned an application by Prem Samuel Prakash for the approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The central dispute revolved around whether the applicant's business had the financial capacity to employ the nominee, a Graphic Pre-Press Trades Worker, for at least two years. The Tribunal was required to determine if all the requirements of regulation 5.19(3) were met, with the financial capacity of the business being the determinative issue.

The Tribunal considered evidence regarding the nature of Mr Prakash's printing business, which he commenced in 2007. The nominee had been employed by the business since January 2015, initially part-time as a volunteer and subsequently as a full-time employee. The Tribunal noted that the business had been significantly impacted by the COVID-19 pandemic, including a period of closure. However, Mr Prakash provided evidence of a recent increase in work, engagement of a freelancer to secure new business, and low overheads due to operating from home. He also highlighted a recent investment in new printing machinery to increase in-house capacity.

Applying the principles of regulation 5.19(3), the Tribunal found that the applicant met the requirements for approval of the nomination. The Tribunal set aside the original decision and substituted a decision approving the nomination.