Tyde Australia Pty Ltd. (Migration)

This matter concerned an application by Tyde Australia Pty Ltd. for approval as a standard business sponsor, reviewed by the Tribunal. The core dispute revolved around 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 satisfied all the relevant criteria, particularly those outlined in regulation 2.59 and regulation 2.60S.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval as a standard business sponsor, specifically focusing on regulation 2.59(b), which mandates that an applicant "is not a standard business sponsor." The Tribunal also considered the procedural fairness aspects, including the applicant's entitlement to a hearing and the consequences of failing to provide requested comments within the prescribed timeframe.

The Tribunal found that the applicant was, in fact, an approved standard business sponsor at the time of the decision, having been approved on 7 August 2017 for a five-year period. This fact directly contravened the requirement in regulation 2.59(b). The Tribunal had notified the applicant of this information and invited comments, but the applicant failed to respond within the specified period. Consequently, pursuant to section 359C of the Migration Act 1958, the applicant lost their entitlement to appear before the Tribunal, and the Tribunal proceeded to make a decision based on the available evidence. The Tribunal applied the principle that all criteria for approval must be met, and as regulation 2.59(b) was not satisfied, the application could not be approved.

The Tribunal affirmed the decision not to approve Tyde Australia Pty Ltd. as a standard business sponsor.