Sandhar Pty Ltd (Migration)

Sandhar Pty Ltd sought review of a decision to refuse its nomination for a Cafe or Restaurant Manager position under the Direct Entry stream. The Administrative Appeals Tribunal was required to determine whether the company met the requirements for approval of its nomination, specifically focusing on whether the nominee would be employed on a full-time basis for at least two years and whether the company possessed the financial capacity to meet this obligation.

The Tribunal affirmed the decision to refuse the nomination, finding that Sandhar Pty Ltd had failed to provide current documentation demonstrating its capacity to employ the nominee for the required period. Despite being invited to provide information under section 359(2) of the Act, the company did not submit requested evidence such as Tax Returns or Financial Statements for the last two full financial years. The documentation provided by the company dated back to 2018, which was considered insufficient to demonstrate the financial capacity to pay the nominee's salary and superannuation for at least two years. Consequently, the Tribunal was not satisfied that the company met the requirements of regulation 5.19(4)(d)(i) of the Migration Regulations 1994.