LJSY Natural Therapy Pty Ltd (Migration)

This matter concerned an appeal by LJSY Natural Therapy Pty Ltd against a decision to cancel its sponsorship approval. The dispute arose from allegations that the primary sponsored person, Mr Heng Kang Ye, did not work in his nominated occupation of Massage Therapist, and that the applicant had employed a lawful non-citizen in breach of a work-related condition. The decision under review was made by a delegate of the Minister, and the appeal was heard by a Senior Member of the Tribunal.

The Tribunal was required to determine whether the circumstances prescribed under the Migration Regulations 1994 for taking action under section 140M of the Migration Act 1958 existed. Specifically, the Tribunal had to consider whether LJSY Natural Therapy Pty Ltd had failed to satisfy a sponsorship obligation by not ensuring Mr Ye worked only in his nominated occupation, and whether the applicant no longer satisfied the prescribed criteria for approval or variation of the sponsorship.

The Tribunal found that the delegate's decision was based on adverse information that it was reasonable to disregard. Evidence presented indicated that Mr Ye was on a roster day off on the day of the site visit, and that he did, in fact, work in the nominated occupation of Massage Therapist. Consequently, the Tribunal concluded that none of the circumstances for taking action under section 140M of the Act were met. The Tribunal set aside the decision under review and substituted a decision not to take any of the actions specified in section 140M.