Globo Hydro Power Australia Pty Ltd (Migration)

This matter concerned an application by Globo Hydro Power Australia Pty Ltd for review of a decision made by the Department of Immigration and Border Protection to impose sponsorship bars. The applicant had been approved as a standard business sponsor and had sponsored four Subclass 457 visa holders. Following monitoring activities and a site visit, the Department issued a Notice of Intention to take action, alleging breaches of sponsorship obligations. The applicant subsequently admitted to underpaying one employee and provided documentation regarding wage payments.

The Administrative Appeals Tribunal was required to determine whether the applicant had failed to satisfy its sponsorship obligations, specifically the obligation to ensure equivalent terms and conditions of employment, the obligation to keep records, and the obligation to provide information to Immigration when certain events occur. The Tribunal also had to consider the appropriate action to take under section 140M of the Migration Act 1958 (Cth) in light of any proven failures.

The Tribunal found that the applicant had indeed failed to satisfy these sponsorship obligations. While the applicant admitted to the breaches and stated they were unintentional and had been rectified, and that changes had been implemented to improve record-keeping and payroll processes, the Tribunal considered the totality of the circumstances. Applying the criteria set out in regulation 2.89(3) of the Migration Regulations 1994, including the nature and severity of the failures, the impact on other persons, and the steps taken to rectify the situation, the Tribunal concluded that the decision to bar the sponsor from sponsoring further Subclass 457 visa holders and from making future applications for approval as a standard business sponsor was warranted.

Accordingly, the Tribunal affirmed the decision under review.