Doaba Transport Pty Ltd (Migration)

This matter concerned an appeal by Doaba Transport Pty Ltd against a decision to cancel its sponsorship approval. The dispute arose from allegations that Doaba Transport had failed to ensure that a sponsored person, Mr. Singh, worked in the nominated occupation of Fleet Manager. Australian Border Force officers conducted site visits and interviews, which led to the delegate's decision to cancel the sponsorship. The case was heard by Sheridan Lee, a member of the Tribunal.

The primary legal issue before the Tribunal was whether the circumstances prescribed by the *Migration Regulations 1994* for taking action under section 140M of the *Migration Act 1958* existed. Specifically, the Tribunal had to determine if Doaba Transport had failed to satisfy a sponsorship obligation, as contemplated by regulation 2.89, by not ensuring Mr. Singh worked in his nominated occupation. If such a failure was established, the Tribunal would then need to consider the criteria set out in regulation 2.89(3) when deciding what action, if any, to take.

The Tribunal found that the evidence did not establish a failure to satisfy a sponsorship obligation. While ABF officers observed Mr. Singh performing a significant amount of administrative duties during a site visit to the relatively small transport company, the Tribunal concluded that the circumstances did not meet the threshold for taking action under section 140M. Consequently, the Tribunal set aside the decision under review and substituted a decision not to take any of the actions specified in section 140M of the *Migration Act 1958*.