Northern Trade Solutions Pty Ltd (Migration)

This matter concerned an appeal by Northern Trade Solutions Pty Ltd (NTS) against a decision to cancel its sponsorship approval. The dispute arose from allegations that NTS had breached several sponsorship obligations under the Migration Regulations 1994, including failing to ensure a sponsored person worked in their nominated occupation, recovering prohibited costs, and providing false or misleading information. The case was heard by Senior Member Kate Millar.

The primary legal issues before the Tribunal were whether NTS had failed to comply with its sponsorship obligations as alleged by the delegate, and if so, what action, if any, should be taken under section 140M of the Migration Act 1958. Specifically, the Tribunal had to determine if the sponsored person had indeed worked in the nominated occupation of metal fabricator, welder, or glazier, whether NTS had improperly recovered costs associated with the nomination or recruitment, and if any false or misleading information had been provided.

The Tribunal considered the nature of NTS's business, which involved metal fabrication and glazing, and was satisfied that it required workers in these trades. While acknowledging that the sponsored person had engaged in unpaid work for a director, the Tribunal found this to be an unintentional breach and not a failure to ensure work in the nominated occupation. Furthermore, the Tribunal found that the costs recovered were not prohibited under the regulations and that no false or misleading information was provided. Applying the criteria set out in regulations 2.89 and 2.90, the Tribunal concluded that, given the unintentional nature of the breach, the limited impact on others, and NTS's cooperation, no action under section 140M was warranted.

Consequently, the Tribunal set aside the delegate's decision to cancel NTS's sponsorship approval and substituted a decision not to take any of the actions specified in section 140M of the Migration Act 1958.