Australian Colon Health Holdings Pty Ltd (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to impose sanctions on Australian Colon Health Holdings Pty Ltd (the applicant) as an approved sponsor. The dispute arose from allegations that the applicant had failed to ensure that a sponsored employee, Ms Kim Twiggs, worked in her nominated occupation of 'massage therapist', instead allegedly working as a 'colonic irrigation therapist'.

The Tribunal was required to determine whether a prescribed circumstance existed for the taking of action under section 140M of the *Migration Act 1958* (Cth), specifically whether the applicant had failed to satisfy a sponsorship obligation under regulation 2.86, which mandates that a sponsored person works in their nominated occupation. If such a failure was established, the Tribunal also needed to consider the criteria set out in regulation 2.89(3) when determining what action, if any, should be taken under section 140M.

The Tribunal found that while the Department had initiated monitoring activities based on a tip-off and concluded that Ms Twiggs was not working as a massage therapist, leading to a finding of a sponsorship obligation failure, it ultimately set aside the delegate's decision. The Tribunal considered the available evidence, including notes of observations made during a site visit, and determined that it could reach a favourable decision without relying on certain restricted material. The Tribunal applied the principles of section 140M and regulation 2.89, considering the various criteria for determining appropriate action, and concluded that it was not necessary to impose sanctions.

The Tribunal set aside the decision under review and substituted a decision not to take one or more of the actions specified in section 140M of the *Migration Act 1958*.