Currajong Road Investments Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Currajong Road Investments Pty Ltd for approval as a standard business sponsor. The dispute centred on whether the applicant met the criteria for approval as a standard business sponsor under the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant satisfied the requirements of regulation 2.59, specifically regulation 2.59(c) which mandates that the applicant be lawfully operating a business, and whether all applicable criteria under regulation 2.60S were met. The Tribunal was required to determine if the applicant had provided sufficient current information to demonstrate it was lawfully operating a business at the time of the decision.

The Tribunal found that the applicant had failed to satisfy regulation 2.59(c). While the applicant had provided some limited information regarding training expenditure and programs in June 2017, this information was over two years old. The Tribunal had invited the applicant to provide current information, including examples such as business registration, recent activity statements, and financial reports, to demonstrate ongoing business activities. No response was received. Consequently, the Tribunal was not satisfied that the applicant was presently engaged in any business activities and therefore could not be satisfied that it was lawfully operating a business at the time of the decision.

The Tribunal affirmed the decision not to approve Currajong Road Investments Pty Ltd as a standard business sponsor, concluding that the applicant had not met the applicable criteria prescribed in the Regulations.