Groundfix landscapes p./l (Migration)

This matter concerned an application by Groundfix Landscapes Pty Ltd for approval as a standard business sponsor, reviewed by the Tribunal. The core dispute revolved around whether the applicant met the various criteria stipulated in the Migration Regulations 1994 for such approval.

The Tribunal was required to determine if Groundfix Landscapes Pty Ltd satisfied the requirements of regulation 2.59, specifically concerning the application process, its status as a non-existing sponsor, the lawful operation of its business, and crucially, the training benchmarks. Additionally, the Tribunal needed to consider the additional criteria under regulation 2.60S, relating to the transfer, recovery, and payment of costs associated with becoming an approved sponsor.

The Tribunal found that the applicant had followed the correct application process, paid the prescribed fee, and was not an existing sponsor. Evidence, including financial accounts, payslips, and ASIC extracts, satisfied the Tribunal that the business was lawfully operating in Australia. Regarding the training benchmarks, the Tribunal determined that the applicant met Training Benchmark A, having demonstrated expenditure exceeding 2% of its payroll on industry training for its sole employee. The Tribunal also found no adverse information and that the applicant had not engaged in practices prohibited by regulation 2.60S. Consequently, the Tribunal set aside the decision not to approve the application and substituted a decision approving Groundfix Landscapes Pty Ltd as a standard business sponsor for a period of three years.