YOGIS TRADERS PTY LTD (Migration)

This matter concerned an application by Yogis Traders Pty Ltd for approval of a nomination under the Direct Entry stream for the position of Café or Restaurant Manager. The applicant operates an Indian restaurant in Canberra. The core dispute revolved around whether the applicant met the various requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994 for the nomination to be approved.

The Tribunal was required to determine whether the tasks of the nominated position corresponded to a specified occupation, whether the applicant had the financial capacity to employ the nominee full-time for at least two years, and whether there was a genuine need for the employment. Additionally, the Tribunal considered the terms and conditions of employment and the applicant's financial performance, including significant reported losses and the nominee's reduced hours and salary in the relevant financial year.

The Tribunal's reasoning focused on the applicant's failure to satisfy several key criteria under regulation 5.19(4). Specifically, the Tribunal found that the financial statements provided demonstrated consecutive losses since 2017, raising concerns about the business's capacity to employ the nominee for the required two-year period. The Tribunal also noted that the nominee did not work full-time in 2020 and received a significantly reduced salary, which was not adequately explained or substantiated by the applicant. The Tribunal concluded that the applicant had not provided sufficient evidence to demonstrate compliance with the financial capacity and genuine need requirements.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the requirements of regulation 5.19(4).