Campanula Pty Ltd (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Campanula Pty Ltd (the applicant) for approval as a standard business sponsor. The delegate had previously decided not to approve the applicant, and this decision was under review by the Tribunal. The core dispute concerned whether the applicant met the criteria for approval as a standard business sponsor under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the requirements for approval as a standard business sponsor, specifically focusing on regulation 2.59(c), which mandates that the applicant be lawfully operating a business. This involved assessing whether the applicant's past reporting of zero wages and other payments to the Australian Taxation Office, coupled with outstanding debts, cast doubt on their ability to honour sponsorship obligations and operate lawfully.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the requirement of lawfully operating a business. While the applicant provided a submission explaining that the zero wage reporting was an accounting error and attributed neglect to a family tragedy, the Tribunal noted that this information was over three years old. Without current and up-to-date information, the Tribunal was unable to form an opinion on whether the business was still operating lawfully, and therefore concluded that regulation 2.59(c) was not met. The Tribunal affirmed the decision not to approve the applicant as a standard business sponsor.