Digital Eagles Pty Ltd (Migration)

This matter concerned an application by Digital Eagles Pty Ltd for approval as a standard business sponsor. The Administrative Appeals Tribunal (the Tribunal) was required to review the decision not to approve the applicant. The applicant failed to respond to the Tribunal's requests for information and did not appear at the hearing.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval as a standard business sponsor, specifically focusing on regulation 2.59(c) of the Migration Regulations 1994, which requires the applicant to be lawfully operating a business. The Tribunal also considered the additional criteria set out in regulation 2.60S.

The Tribunal reasoned that regulation 2.59(c) necessitates evidence of ongoing business activities. The applicant had provided financial information for the year ending 30 June 2017 and a business activity statement showing an amount owing to the ATO. Despite being invited to provide current information demonstrating lawful business operations, the applicant provided no response. Consequently, the Tribunal was not satisfied that the applicant was presently engaged in any business activities and therefore could not be satisfied that the requirement under regulation 2.59(c) was met.

The Tribunal affirmed the decision not to approve Digital Eagles Pty Ltd as a standard business sponsor, finding that the applicant had not satisfied the applicable criteria prescribed in the Regulations.