Melbourne Scooters Pty Ltd (Migration)

This matter concerned an appeal by Melbourne Scooters Pty Ltd against a decision to take action under section 140M of the *Migration Act 1958* (Cth). The potential actions included cancelling sponsorship approval or barring the sponsor. The delegate had found that Melbourne Scooters Pty Ltd had breached regulations 2.83 and 2.86 of the *Migration Regulations 1994* (Cth), relating to the obligation to provide records and information to the Minister, and the obligation to ensure a sponsored person works in their nominated occupation. The sponsored person, Ms Chawla, was employed as a motor mechanic.

The primary legal issues before the Tribunal were whether Melbourne Scooters Pty Ltd had failed to satisfy its sponsorship obligations under regulations 2.83 and 2.86, and consequently, whether a prescribed circumstance existed under regulation 2.89 that would empower the Minister, or the Tribunal on review, to take action under section 140M of the Act.

The Tribunal considered the evidence and found that while a notice to provide records was issued, the employment details for the nominated occupation were provided within the required timeframe. Furthermore, the skills assessment result was verified, and the nominee was identified by other employees. The Tribunal concluded that it was not satisfied that the prescribed circumstance under regulation 2.89 existed. As a result, the power to take action under section 140M did not arise.

The Tribunal set aside the decision under review and substituted a decision not to take one or more of the actions specified in section 140M of the *Migration Act 1958* (Cth).