CONCREST DEVELOPMENT PTY LTD (Migration)

This matter concerned an application by Concrest Development Pty Ltd for approval as a standard business sponsor. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for approval as a standard business sponsor under regulation 2.59 of the Migration Regulations 1994. The primary issue revolved around the applicant's compliance with the training benchmark requirements stipulated in regulation 2.59(d), which mandates that businesses operating in Australia for 12 months or more must meet specified training benchmarks for Australian citizens and permanent residents.

The Tribunal considered whether Concrest Development Pty Ltd had satisfied the training benchmark requirement under regulation 2.59(d). This regulation requires an applicant, if lawfully operating a business in Australia for 12 months or more, to meet training benchmarks specified in a written instrument. The Tribunal found that the applicant company, registered in 1997 and trading continuously since then, had indeed operated in Australia for more than 12 months. However, the Tribunal was not satisfied that the applicant had met the training benchmark, specifically the requirement to expend at least 1% of its payroll on training. Despite receiving updated payroll figures and supporting documents, including bank statements and tax invoices, the Tribunal found the evidence insufficient to demonstrate compliance with this criterion.

The Tribunal's reasoning focused on the failure to meet the training benchmark. While acknowledging the applicant's long trading history in Australia, the Tribunal found that the provided evidence did not establish the required expenditure on training. The Tribunal had regard to both the 2015 payroll figures, evidenced by BAS statements, and more recent 2016/17 figures. Ultimately, the Tribunal concluded that the applicant had not demonstrated that it met the criteria prescribed by the Regulations for approval as a standard business sponsor.

Consequently, the Tribunal affirmed the decision not to approve Concrest Development Pty Ltd as a standard business sponsor.