Ranay Pty Ltd (Migration)

The Administrative Appeals Tribunal (Tribunal) considered an application by Ranay Pty Ltd (the applicant) for approval as a standard business sponsor. The applicant sought merits review of a decision by the Department to refuse its application. The core of the dispute revolved around 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 Tribunal was required to determine if the applicant satisfied all the mandatory criteria for approval as a standard business sponsor. Specifically, the Tribunal had to consider regulation 2.59(b), which requires that an applicant not be a standard business sponsor at the time of application. The Tribunal also had to consider whether it had provided the applicant with a fair opportunity to respond to information that might lead to the refusal of its application, in light of sections 359A, 359C, and 360 of the Migration Act 1958.

The Tribunal's reasoning focused on regulation 2.59(b). Evidence before the Tribunal indicated that the applicant had been approved as a standard business sponsor by the Department on 16 May 2018, after the applicant's initial application for approval had been lodged. This subsequent approval meant the applicant did not satisfy the criterion of not being a standard business sponsor. Furthermore, the Tribunal had issued a notice under section 359A inviting the applicant to provide comments or responses by 10 December 2018. Despite this invitation and the applicant's awareness of potential deficiencies, no response was received by the Tribunal. Applying section 359C, the Tribunal was entitled to make a decision without further action to obtain the applicant's views.

Consequently, the Tribunal affirmed the Department's decision not to approve Ranay Pty Ltd as a standard business sponsor, finding that the applicant did not meet the applicable criteria prescribed in the Migration Regulations.