Everton (WA) Pty Ltd ATF The McLeod Family Trust (Migration)

This matter concerned an application by Everton (WA) Pty Ltd ATF The McLeod Family Trust for approval as a standard business sponsor. The Tribunal was required to determine whether the applicant met the criteria for approval as a standard business sponsor under regulation 2.59 and the additional criteria under regulation 2.60S of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant had applied in accordance with the prescribed process, was not an existing sponsor, was lawfully operating a business, had provided the required written attestation and declaration regarding local labour and discriminatory recruitment practices, and whether there was any adverse information known to Immigration. Additionally, the Tribunal had to consider the additional criteria concerning the transfer, recovery, and payment of costs associated with sponsorship and recruitment.

The Tribunal found that the applicant had satisfied all the requirements of regulation 2.59. It was satisfied that the applicant had applied correctly, was not an existing sponsor, and was lawfully operating a business in Australia, evidenced by ASIC records and ABN lookup. The applicant’s written submissions and application declaration confirmed compliance with the attestation and declaration requirements regarding local labour and non-discriminatory recruitment. The Tribunal also found no adverse information and that regulation 2.59(h) did not apply. Furthermore, the Tribunal was satisfied that the applicant met the additional criteria under regulation 2.60S, having not taken or sought to take any action regarding the transfer or payment of costs associated with sponsorship or recruitment, and had not recovered or sought to recover such costs.

Consequently, the Tribunal set aside the decision not to approve the application and substituted a decision approving the applicant as a standard business sponsor for a term of five years.