Panduss Pty Ltd (Migration)

Panduss Pty Ltd sought review of a decision to cancel its approval as a standard business sponsor. The dispute concerned whether Panduss met the criteria for sponsorship approval, specifically in relation to the definition of "associated with" a sponsor, as the applicant was considered the "phoenix" of a previously liquidated entity. The matter was heard by Marten Kennedy, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether Panduss Pty Ltd continued to meet the sponsorship application or variation criteria at the time of its sponsorship approval, as required by regulation 2.91 of the Migration Regulations 1994. This involved determining whether there was any "adverse information" known to immigration concerning Panduss or a person "associated with" it, pursuant to regulation 2.59(g). Crucially, the Tribunal had to consider the definition of "associated with" as it stood prior to 18 March 2018, as this was the operative definition at the relevant time.

The Tribunal reasoned that the definition of "associated with" prior to 18 March 2018 was a very limited and closed set of circumstances. In this case, the entity of which Panduss was considered the "phoenix" had been liquidated, wound up, and legally ceased to exist. Consequently, the Tribunal found that the liquidated entity did not fall within the pre-18 March 2018 definition of being "associated with" Panduss. As the alleged circumstance for taking action under section 140L(1)(a) of the Migration Act 1958 did not exist, the power to take action under section 140M did not arise.

The Tribunal set aside the decision under review and substituted a decision not to take any of the actions specified in section 140M of the Migration Act 1958.