1503218 (Migration)

This matter concerned an application for approval as a standard business sponsor. The applicant sought to have a previous decision, which refused their application, set aside. The Tribunal was required to determine whether the applicant met the criteria for approval as a standard business sponsor under regulation 2.59 and additional criteria under regulation 2.60S of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant had applied in accordance with the prescribed process, was not already a standard business sponsor, and was lawfully operating a business. The Tribunal also considered whether the applicant met further criteria relating to training benchmarks, employment practices, adverse information, and the proposed number of nominations. Additionally, the Tribunal examined the additional criteria under regulation 2.60S concerning the transfer, recovery, and payment of costs associated with becoming an approved sponsor.

The Tribunal found that the applicant had satisfied the requirements of regulation 2.59(a) by making the application in the approved form and paying the prescribed fee, and that regulation 2.59(b) was met as the applicant was not an existing standard business sponsor. Furthermore, the Tribunal was satisfied that the applicant was lawfully operating a business, evidenced by various company registration documents, financial statements, and tax returns. The Tribunal concluded that all necessary criteria under regulations 2.59 and 2.60S were met.

Consequently, the Tribunal set aside the decision not to approve the application and substituted a decision approving the applicant as a standard business sponsor for a term of five years from the date of approval.