Twin Power Australia Pty Ltd (Migration)

The Administrative Appeals Tribunal (Migration Division) considered an application by Twin Power Australia Pty Ltd for approval as a standard business sponsor. The dispute arose from the delegate's decision not to approve the applicant, which the applicant sought to have reviewed by the Tribunal. The primary issue was whether the applicant met the criteria for approval as a standard business sponsor under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant was lawfully operating a business, as this was the specific ground for the delegate's refusal. The applicant had provided financial information, including profit and loss statements and bank statements, when lodging the application for review. However, the Tribunal requested updated and current information regarding the applicant's business operations, a request to which the applicant did not respond by the due date.

In its reasoning, the Tribunal noted that while some financial information had been provided, it was not current. Regulation 2.59(c) of the Migration Regulations 1994 requires the applicant to be lawfully operating a business. Given the lack of recent financial information, the Tribunal was not satisfied that the applicant was currently lawfully operating a business in Australia, and therefore found that this essential criterion was not met. As this was a mandatory requirement for approval, the Tribunal did not proceed to consider other criteria.

Consequently, the Tribunal affirmed the delegate's decision not to approve Twin Power Australia Pty Ltd as a standard business sponsor.