Australian Survey Hire Pty Ltd ATF Lawrence Family Trust (Migration)

The applicant, Australian Survey Hire Pty Ltd ATF Lawrence Family Trust, sought approval as a standard business sponsor. The decision under review was set aside by the Tribunal, which then substituted a decision approving the applicant.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval as a standard business sponsor, as stipulated by regulations 2.59 and 2.60S of the Migration Regulations 1994. This involved assessing whether the applicant had followed the correct application process, was not already a sponsor, lawfully operated a business, provided the necessary written attestations and declarations, and whether there was any adverse information known to Immigration. Additionally, the Tribunal had to consider the additional criteria under regulation 2.60S concerning the transfer, recovery, and payment of costs associated with sponsorship and recruitment.

The Tribunal found that the applicant satisfied all the applicable criteria. It was satisfied that the application was made in accordance with the prescribed process, that the applicant was not an existing sponsor, and that it was lawfully operating a business in Australia, evidenced by ASIC and ABR records and business activity statements. The Tribunal also accepted the applicant's written submission and declaration regarding employing local labour and avoiding discriminatory recruitment practices. Furthermore, no adverse information was found, and the criteria under regulation 2.60S regarding the transfer or recovery of costs were also met. Consequently, the Tribunal set aside the original decision and approved the applicant as a standard business sponsor for a term of five years.