Sisira Real Estate Australia Pty Ltd ATF S & N Malawaraarachchi Family Trust (Migration)

This matter concerned an application by Sisira Real Estate Australia Pty Ltd ATF S & N Malawaraarachchi Family Trust for approval as a standard business sponsor. The applicant sought review of a decision not to approve its application. The Tribunal was required to determine whether the applicant met the criteria for approval as a standard business sponsor under regulation 2.59 and the additional criteria under regulation 2.60S of the Migration Regulations 1994.

The Tribunal considered each of the criteria in regulation 2.59. It found that the applicant had applied in accordance with the prescribed process, was not an existing sponsor, and was lawfully operating a business in Australia, supported by ASIC extracts, business name registration, lease agreements, financial statements, and ATO lodgements. The Tribunal was satisfied that the applicant had provided the required written attestation and declaration regarding employing local labour and avoiding discriminatory recruitment practices. Furthermore, there was no adverse information known to Immigration, and the criteria relating to offshore businesses were not applicable. The Tribunal also examined the additional criteria in regulation 2.60S, which relate to the transfer, recovery, and payment of costs associated with sponsorship and recruitment, and found these were met.

Having found that the applicant satisfied all applicable criteria, the Tribunal set aside the original decision. The Tribunal substituted a decision approving the applicant as a standard business sponsor for a term of five years.