Aqua Project Solutions Pty Ltd (Migration)

This matter concerned an application by Aqua Project Solutions Pty Ltd for approval as a standard business sponsor. The Tribunal was required to determine whether the applicant met the criteria for approval as a standard business sponsor under regulations 2.59 and 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, was lawfully operating a business, had provided the required written attestation and declaration regarding local labour employment and non-discriminatory recruitment practices, and whether there was any adverse information known to Immigration. Additionally, the Tribunal considered the additional criteria under regulation 2.60S concerning the transfer, recovery, and payment of costs associated with becoming an approved sponsor or recruiting a non-citizen.

The Tribunal found that the applicant had met all the applicable criteria. It was satisfied that the application was made correctly, that the applicant was not an existing sponsor, and that it was lawfully operating a business in Australia, evidenced by ASIC and ABN records, as well as financial statements and ATO lodgements. The applicant's written submissions and application declaration confirmed its commitment to employing local labour and avoiding discriminatory recruitment practices. No adverse information was found, and the Tribunal determined that regulation 2.59(h) did not apply as the applicant was operating a business in Australia. Furthermore, the Tribunal was satisfied that the applicant had not engaged in any actions prohibited by regulation 2.60S regarding the transfer or recovery of costs.

Consequently, the Tribunal set aside the original decision not to approve the application and substituted a decision approving Aqua Project Solutions Pty Ltd as a standard business sponsor for a period of five years.