Founder (Australia) Pty Ltd (Migration)

This matter concerned an application by Founder (Australia) Pty Ltd for approval as a standard business sponsor, which was reviewed by Senior Member R. Skaros of the Tribunal. The core dispute revolved around 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 and Regulation 2.60S of the Migration Regulations 1994. A key issue was whether the applicant was already an existing standard business sponsor, as Regulation 2.59(b) mandates that an applicant must not be a standard business sponsor at the time of the decision.

The Tribunal's reasoning was that the applicant failed to meet the criteria prescribed in the Regulations. It found that departmental electronic records indicated the applicant had already been approved as a standard business sponsor on 10 August 2017 for a five-year period. As the applicant was an existing standard business sponsor at the time of the decision, they did not satisfy the requirement of Regulation 2.59(b). Consequently, the Tribunal affirmed the decision under review not to approve the applicant as a standard business sponsor.