TRADITIONAL MEDICINE GREENHILLS PTY LTD (Migration)

This matter concerned an appeal by Traditional Medicine Greenhills Pty Ltd against a decision to refuse the approval of a nomination under the Direct Entry stream of the skilled migration program. The core of the dispute revolved around whether the applicant, Traditional Medicine Greenhills Pty Ltd, had demonstrated a genuine need for the nominated employment and possessed the financial capacity to employ the nominee for at least two years, as required by the Migration Regulations 1994. The decision was made by Joanne Bakas of the Tribunal.

The Tribunal was required to determine if the applicant met all 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 nominee would be employed full-time for at least two years, whether the terms of employment allowed for extension, and crucially, whether there was a genuine need for the nominator to employ the person and if the nominator had the financial capacity to do so. The Tribunal also considered the applicant's submission of financial statements, tax returns, and Business Activity Statements, as well as evidence regarding the nominee's offshore status and the applicant's current employment practices at its Alice Springs location.

In its reasoning, the Tribunal noted that while the onus of proof is not strictly applied in administrative inquiries, an applicant must provide sufficient detail to enable a decision-maker to establish the relevant facts. The financial evidence presented showed a loss in the 2019/2020 financial year and a modest profit in 2020/2021, both years significantly impacted by government subsidies. The Tribunal also noted that the nominee had not been employed since July 2020 and that the Alice Springs store currently employed no one full-time. While the applicant offered personal funds to cover potential shortfalls, the provided proof of balance was dated after the period in question and the Business Activity Statements for 2021/2022 indicated a decrease in revenue. Consequently, the Tribunal was not satisfied that the applicant had demonstrated a genuine need for the employment or the financial capacity to sustain it for the required period.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.