THE TRUSTEE FOR ATOZ UNIT TRUST (Migration)

This matter concerned an application by The Trustee for Atoz Unit Trust for approval as a temporary activities sponsor, reviewed by the Migration and Refugee Division of the Administrative Appeals Tribunal. The delegate had refused the application, and the Tribunal was required to determine whether the Trustee met the requirements for approval as a temporary activities sponsor under regulations 2.60 and 2.60S of the Migration Regulations 1994.

The central legal issue was whether the Trustee qualified as an "Australian organisation" as defined by the Regulations, or fell within any of the other specified categories for sponsorship approval. Regulation 2.60(c) outlines the categories, including an "Australian organisation that is lawfully operating in Australia." The definition of "Australian organisation" in regulation 2.57(1) expressly excludes individuals and sole traders. The Tribunal also considered the specific exception for a "person who is the captain or owner of a superyacht, or an organisation that operates a superyacht."

The Tribunal noted that an Australian Business Number search revealed the entity name as "The Trustee for Atoz Unit Trust," with trading names "Kilcran & Associates" and "Kilcran Accounting & Taxation Services." However, the Trustee Deed identified the trustees as two individuals, Anthony Constantine Patterson and Qiang Li. The Tribunal found no evidence that these individuals constituted a partnership. Given that individuals and sole traders are excluded from the definition of "Australian organisation," and there was no evidence to suggest the Trustee was a partnership or operated a superyacht, the Tribunal concluded that the Trustee did not meet the requirements of regulation 2.60(c). The Tribunal also observed that no response was received to a section 359A invitation to provide comments on adverse information.

Consequently, the Tribunal was not satisfied that the criteria in regulation 2.60(c) or 2.60S were met. The Tribunal affirmed the decision under review not to approve the applicant as a Temporary Activities Sponsor.