Do Investment (SA) Pty Ltd (Migration)

This matter concerned an application for review of a decision made by a delegate of the Minister for Immigration to take action against Do Investment (SA) Pty Ltd (Do) under section 140M of the *Migration Act 1958* (Cth). Do, an approved standard business sponsor, had sponsored Ms Sandeep Kaur on a subclass 457 visa. The delegate's decision was based on Do's alleged breaches of its sponsorship obligations, specifically failing to provide the sponsored person with equivalent terms and conditions of employment, failing to keep independently verifiable records of the sponsored person's pay, and failing to provide records and information to the Minister.

The court was required to determine whether the prescribed circumstances for taking action under section 140M existed, and if so, what action, if any, should be taken. The prescribed circumstances include a failure to satisfy a sponsorship obligation, as outlined in regulations 2.89 to 2.94B of the *Migration Regulations 1994* (Cth). The court also had to consider the criteria set out in regulation 2.89(3) when determining the appropriate action, which included factors such as the sponsor's past conduct, the number and severity of failures, the impact on others, the intentionality of the failure, cooperation with immigration authorities, and steps taken to rectify the situation.

The Tribunal found that Do had failed to comply with its sponsorship obligations. While Do had provided some financial information to the Department in response to a request, the Tribunal noted that there was insufficient further information to establish allegations of inadequate staff payment or underpayment of wages beyond what was outlined. In considering the appropriate action, the Tribunal applied the criteria in regulation 2.89(3), noting that the failure to provide equivalent terms and conditions, keep proper records, and provide information to the Minister constituted a breach.

The Tribunal varied the delegate's decision by reducing the period for which Do Investment (SA) Pty Ltd was barred from sponsoring non-citizens for temporary work visas. Instead of the period determined by the delegate, Do was barred for a period of three months from 31 October 2016, meaning the bar expired on 31 January 2017.