SIXTH SENSE FOOD PTY LTD (Migration)

This matter concerned an appeal by SIXTH SENSE FOOD PTY LTD (the applicant) against a decision to refuse its nomination. The decision was reviewed by the Tribunal, presided over by Member Amanda Mendes Da Costa. The core of the dispute revolved around whether the applicant met the requirements for approving a nomination under the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements for approval of a nomination, specifically as set out in regulation 5.19(4) and the stream-specific requirements in regulation 5.19(5) of the Migration Regulations 1994. The Tribunal was required to determine if the nominator was actively and lawfully operating a business in Australia, a prerequisite for nomination approval under regulation 5.19(5)(h).

The Tribunal's reasoning focused on the applicant's failure to provide current or up-to-date information regarding its business operations. Based on the evidence presented, the Tribunal was not satisfied that the applicant was actively and lawfully operating a business in Australia, thus failing to meet the criterion in regulation 5.19(5)(h). Consequently, as one of the essential criteria for nomination approval was not met, the Tribunal found it unnecessary to consider the remaining criteria. The Tribunal affirmed the decision under review to refuse the nomination.