Lee, Annie (Migration)

This matter concerned an application for approval as a standard business sponsor, brought by Annie Lee against the Department of Home Affairs. The applicant sought to have a decision refusing her application set aside. The Tribunal was required to determine whether the applicant met the criteria for approval as a standard business sponsor under regulations 2.59 and 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 already a standard business sponsor, was lawfully operating a business, had provided the required written attestations and declarations regarding local employment and non-discriminatory recruitment practices, and whether there was any adverse information known to Immigration. Additionally, the Tribunal had to consider the additional criteria under regulation 2.60S concerning the transfer, recovery, and payment of costs associated with becoming an approved sponsor or recruiting a non-citizen.

The Tribunal found that the applicant had satisfied all the applicable criteria. It was satisfied that the application was made correctly, that the applicant was not an existing sponsor, and that she was lawfully operating a take-away food business in Australia, supported by evidence of an active ABN, tax returns, lease documents, and business activity statements. The applicant had also provided the necessary written attestations and declarations. Crucially, the Tribunal found no adverse information known to Immigration concerning the applicant or any associated person. Furthermore, the Tribunal was satisfied that the applicant had not taken any action, nor sought to take any action, that would result in the transfer or recovery of costs associated with sponsorship or recruitment, thus meeting the additional criteria under regulation 2.60S.

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