Olympian Products Pty Ltd Atf Olympian Products Unit Trust (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the application of Olympian Products Pty Ltd Atf Olympian Products Unit Trust (the applicant) for approval as a standard business sponsor. The dispute arose from a decision not to approve the applicant's application, which the applicant sought to have reviewed by the Tribunal. The Tribunal was tasked with determining whether the applicant met the criteria for approval as a standard business sponsor under the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant satisfied the requirements of regulation 2.59, including having applied in accordance with the prescribed process, not being an existing sponsor, lawfully operating a business, providing the required written attestations and declarations regarding local labour and non-discriminatory recruitment practices, and the absence of adverse information known to Immigration. Additionally, the Tribunal had to consider the additional criteria set out in regulation 2.60S, which relate to the transfer, recovery, and payment of costs associated with becoming an approved sponsor or the recruitment of a non-citizen.

The Tribunal reasoned that the applicant had met all the applicable criteria. It found that the application was made correctly, the applicant was not an existing sponsor, and it was lawfully operating a business in Australia, evidenced by its ABN registration, tax returns, and financial statements. The applicant had also provided the necessary written attestations and declarations as required by regulation 2.59(f), and there was no adverse information known to Immigration. Furthermore, the Tribunal was satisfied that the applicant had complied with regulation 2.60S, having not taken or sought to take any action regarding the transfer or recovery of costs associated with sponsorship approval or recruitment.

Consequently, 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.