Hoang An Pty Ltd (Migration)

This matter concerned an appeal by Hoang An Pty Ltd against a decision to cancel its sponsorship approval. The dispute arose from the delegate's findings that the applicant had failed to comply with a sponsorship obligation by not notifying the Department of Immigration that its legal entity had ceased to exist, and that the criteria for sponsorship approval were no longer met. The decision was reviewed by Senior Member Kate Millar of the Tribunal.

The Tribunal was required to determine whether prescribed circumstances existed under section 140M of the *Migration Act 1958* (Cth) that would permit the cancellation of sponsorship approval. Specifically, the Tribunal had to consider whether the applicant had failed to satisfy a sponsorship obligation as defined in regulation 2.89, and whether the applicant no longer met the prescribed criteria for sponsorship approval or variation under regulation 2.91.

The Tribunal found that the applicant had not failed to satisfy a sponsorship obligation because the company, Hoang An Pty Ltd, had remained registered and its director had remained the same since its inception. Therefore, the legal entity had not ceased to exist as alleged by the delegate. Consequently, the prescribed circumstance under regulation 2.89 did not exist. Furthermore, the Tribunal concluded that the applicant continued to meet the criteria for sponsorship approval. As no prescribed circumstances for taking action under section 140M were found to exist, the Tribunal set aside the delegate's decision.