SIXTH SENSE FOOD PTY LTD (Migration)

This matter concerned an appeal by Sixth Sense Food Pty Ltd against a decision by the Department of Home Affairs to refuse its nomination for a position under the Temporary Residence Transition stream. The Department had refused the nomination based on adverse information concerning the applicant's financial capacity to maintain employment and the reliability of its business records, including discrepancies in salary payments and working hours. The applicant was barred from sponsoring further individuals due to a sponsorship bar imposed in August 2018.

The Tribunal was required to determine whether the applicant met all the requirements of regulation 5.19(3) of the Migration Regulations 1994 for the approval of the nominated position, notwithstanding the specific grounds for the Department's refusal. This included assessing the applicant's financial viability, the accuracy of its provided information, and whether any adverse information could be reasonably disregarded. The Tribunal also considered the adequacy of the financial documentation provided by the applicant, particularly in light of the ongoing sponsorship bar and the need for current financial information.

The Tribunal found that the applicant had not provided sufficient and satisfactory evidence to demonstrate compliance with the relevant regulations. Specifically, the Tribunal noted a lack of supporting documentation for salaries paid to other staff, such as payroll summaries and ATO lodgements. Despite being provided with additional financial documents and a statement from a new accountant regarding payroll services from July 2018, the Tribunal was not satisfied that the applicant had provided the most recent and comprehensive financial information required to make a decision. The Tribunal also indicated that it was not prepared to delay the review until after October 2020, when the applicant's accountant expected to complete the tax returns.

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