PEGASUS EDUCATION SOLUTIONS PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Pegasus Education Solutions Pty Ltd for approval as a standard business sponsor. The dispute concerned whether the applicant met the prescribed criteria for sponsorship approval under the Migration Regulations 1994.

The AAT was required to determine if Pegasus Education Solutions Pty Ltd satisfied the requirements of regulation 2.59, which outlines the criteria for approval as a standard business sponsor, and the additional criteria set out in regulation 2.60S. Specifically, the Tribunal had to assess whether the applicant had applied in the approved form, was not already a standard business sponsor, was lawfully operating a business, had provided the necessary written attestations regarding local labour employment and non-discriminatory recruitment practices, and whether there was any adverse information known to Immigration. The Tribunal also considered the additional criteria related to the transfer, recovery, and payment of costs associated with becoming an approved sponsor.

The Tribunal found that Pegasus Education Solutions Pty Ltd had met all the applicable criteria. Evidence, including ASIC records, the Australian Business Register, financial statements, and tax returns, demonstrated that the applicant was lawfully operating a business in Australia. A director's statement confirmed the commitment to employing local labour and adherence to non-discriminatory recruitment practices. The Tribunal also noted the absence of adverse information and that the additional criteria under regulation 2.60S were satisfied.

Consequently, the Tribunal set aside the original decision not to approve the application and substituted a decision approving Pegasus Education Solutions Pty Ltd as a standard business sponsor.