MEDIQ Accountants (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by MEDIQ Accountants (Migration) for approval as a standard business sponsor. The applicant sought to have a previous decision, which refused their application, set aside. The core of the dispute revolved around whether the applicant met the various criteria for approval as a standard business sponsor as stipulated in the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied all the applicable criteria under regulation 2.59 and regulation 2.60S of the Migration Regulations 1994. Specifically, this involved assessing whether the application was made in accordance with the prescribed process, whether the applicant was not already a standard business sponsor, and whether they were lawfully operating a business. Crucially, the Tribunal had to examine the applicant's compliance with training benchmarks, their written attestations regarding local labour employment and non-discriminatory recruitment practices, the absence of adverse information, and the reasonableness of the number of nominees proposed. The Tribunal also considered the specific requirements for applicants who had previously been standard business sponsors, including the fulfilment of past training commitments.

The Tribunal reasoned that the applicant had met the procedural requirements for application and was not currently an approved sponsor. Evidence such as Business Activity Statements, an organisational chart, ASIC registration, and website information satisfied the Tribunal that the applicant was lawfully operating a business in Australia. The Tribunal found that the applicant met the training benchmarks for businesses operating for 12 months or more, as evidenced by the provided documentation and oral testimony. Furthermore, the applicant had provided the necessary written attestations and declarations, and no adverse information was found. The Tribunal also considered the number of proposed nominees to be reasonable and confirmed that the applicant had fulfilled previous training commitments, making regulation 2.59(j) satisfied.

Consequently, the Tribunal found that the applicant met all applicable criteria for approval as a standard business sponsor. The Tribunal set aside the original decision not to approve the application and substituted a decision approving the applicant as a standard business sponsor for a term of five years, consistent with departmental policy.