Roz Australia Pty Ltd (Migration)

This matter concerned an application by Roz Australia Pty Ltd for approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The applicant, a hairdressing business, sought to nominate a hairdresser for full-time employment for at least two years. The core dispute revolved around whether the applicant possessed the financial capacity to maintain the nominated term of employment, particularly in light of significant outstanding liabilities for unpaid tax and superannuation. The decision was made by Member Ian Berry of the Tribunal.

The legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994, specifically the requirement that the nominee be employed for at least two years full-time (r.5.19(4)(d)(i)) and that the applicant has the financial capacity to sustain this employment. This involved assessing the applicant's financial position, including its accumulated debts and the availability of assets to meet these obligations.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(4). The Tribunal was not satisfied that the applicant had the financial capacity to employ the nominee for the required two-year period due to substantial unpaid tax and superannuation liabilities. Despite the applicant's director stating that these liabilities were being paid, the Tribunal noted that the applicant could not confirm payment and that a significant asset identified in the financial statements was variable. The Tribunal concluded that the applicant had not demonstrated a satisfactory record of compliance with relevant laws, a key criterion for nomination approval.