Border Solutions Pty Ltd ATF Atwal Family Trust (Migration)

This matter concerned an application by Border Solutions Pty Ltd ATF Atwal Family Trust for review of a decision by a delegate of the Minister for Immigration to cancel its approval as a standard business sponsor and impose a three-year bar on future sponsorship. The cancellation and bar were based on alleged breaches of sponsorship obligations under regulations 2.86 and 2.87C of the Migration Regulations 1994, and the provision of false or misleading information under regulation 2.90. The Administrative Appeals Tribunal (AAT) considered the evidence and submissions presented by the applicant.

The Tribunal was required to determine whether the applicant had failed to satisfy its sponsorship obligations concerning the employment of two 457 visa holders, Harbax Bhullar and Vaishali Maini, and whether it had provided false or misleading information to the Department. Specifically, the Tribunal had to assess whether the sponsored persons were working in their nominated occupations and whether the applicant had engaged in discriminatory recruitment practices. The Tribunal also had to consider the appropriate sanction, including the duration of any bar imposed on future sponsorship, in light of the prescribed criteria.

In its reasoning, the Tribunal acknowledged that the cancellation of the sponsorship was appropriate given the breaches identified. However, it varied the period of the bar from three years to 12 months from the date of the delegate's decision. This variation was based on a consideration of the applicant's contrition, its relative inexperience in business and employment matters at the time of the breaches, and the steps taken to ensure future compliance. The Tribunal applied the criteria set out in regulation 2.89(3) of the Migration Regulations 1994, which include factors such as the nature and severity of the failure, the applicant's cooperation, and steps taken to rectify the situation.

The Tribunal's final decision was to vary the decision under review by reducing the period of the bar to 12 months from the date of the delegate's decision, meaning the bar expired on 13 June 2018.