Geelong Graphics Pty Ltd (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to cancel the sponsorship approval of Geelong Graphics Pty Ltd. The delegate had found that the applicant failed to satisfy its sponsorship obligations, specifically regarding the equivalent terms and conditions of employment for sponsored individuals, Mr Muhammed Asif and Mr Balwinder Singh. The delegate's concerns were that Mr Asif had received less than his nominated salary over 11 pay periods and that Mr Singh had repaid part of his salary to the applicant.

The Tribunal was required to determine whether the circumstances prescribed by the Migration Regulations 1994 for taking action under section 140M of the Migration Act 1958 (Cth) existed. This involved assessing whether Geelong Graphics Pty Ltd had failed to satisfy its sponsorship obligations, particularly concerning the provision of equivalent terms and conditions of employment and the accuracy of information provided.

The Tribunal found that the circumstances relied upon by the delegate did not meet the threshold for taking action. In relation to the salary concerns, the Tribunal accepted the applicant's explanation that the pay periods in question were significantly impacted by COVID-19 lockdown restrictions, leading to reduced hours for Mr Asif. Furthermore, the Tribunal noted that Australian Taxation records demonstrated Mr Asif received a taxable income consistent with a full year's employment. The Tribunal concluded that, as none of the prescribed circumstances for taking action under section 140L(1)(a) existed, the power to take action under section 140M did not arise.

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 (Cth).