The Trustee for Morris AB Trust (Migration)

The Administrative Appeals Tribunal considered an application by The Trustee for Morris AB Trust for approval as a standard business sponsor. The dispute arose from a prior decision not to approve the applicant, which the applicant sought to have reviewed and set aside. The Tribunal was tasked with determining whether the applicant met the current criteria for approval as a standard business sponsor under regulation 2.59 and additional criteria under regulation 2.60S of the Migration Regulations 1994.

The Tribunal was required to assess whether the applicant had applied in accordance with the prescribed process, was not already a standard business sponsor, and was lawfully operating a business in Australia. Furthermore, it needed to verify if the applicant had provided the necessary written attestations regarding employing local labour and avoiding discriminatory recruitment practices. Crucially, the Tribunal had to consider whether any adverse information known to the Department of Immigration was present and, if so, whether it was reasonable to disregard such information, particularly in light of a previous sponsorship cancellation. Finally, the Tribunal had to determine if the applicant met the additional criteria concerning the transfer, recovery, and payment of costs associated with becoming an approved sponsor and recruitment.

The Tribunal found that the applicant had satisfied the procedural requirements for application and was not an existing sponsor. Evidence, including Australian Business Register records and financial statements, confirmed the applicant was lawfully operating a profitable business in Australia and had provided the required written attestations. While adverse information existed concerning a prior sponsorship cancellation of the Trustee company, the Tribunal was satisfied that this arose from administrative error by a previous representative and was therefore reasonable to disregard. The applicant also met the additional criteria under regulation 2.60S, having not engaged in actions that would improperly transfer or recover costs.

Consequently, the Tribunal set aside the original decision not to approve the application and substituted a decision approving the applicant as a standard business sponsor for a term of five years from the date of application.