Sabcha Pty Ltd (Migration)

This matter concerned an application by Sabcha Pty Ltd for approval as a standard business sponsor, which had been refused by the Department of Immigration. The applicant sought review of this decision before Senior Member Michael Cooke of the Administrative Appeals Tribunal. The core of the dispute involved adverse information known to Immigration concerning alleged breaches of Commonwealth labour law by Sabcha Pty Ltd, and whether this information should be disregarded.

The Tribunal was required to determine whether Sabcha Pty Ltd met the criteria for approval as a standard business sponsor, specifically under regulation 2.59(g) of the Migration Regulations 1994. This regulation requires that either there is no adverse information known to Immigration about the applicant, or it is reasonable to disregard any such adverse information. The Tribunal also considered the applicant's submission that it was reasonable to disregard the adverse information due to the circumstances of the nominated employee, Sanjib Gurung, and the prejudice to him and his wife if a decision was delayed.

Senior Member Cooke affirmed the decision to refuse approval. The Tribunal noted that Sabcha Pty Ltd had not yet taken steps to ensure that the circumstances leading to the adverse information would not recur, despite the ongoing proceedings before the Fair Work Ombudsman. While acknowledging the applicant's arguments regarding the employee's loyalty and the potential prejudice from delay, the Tribunal found that the existence of adverse information, and the lack of demonstrated steps to rectify the underlying issues, meant that the criterion under regulation 2.59(g)(ii) was not met. The Tribunal concluded that it was not reasonable to disregard the adverse information in these circumstances.

The Tribunal affirmed the decision under review.