Quay Civil Pty Ltd (Migration)

This matter concerned a review of a decision to cancel the standard business sponsorship of Quay Civil Pty Ltd. The delegate had found that Quay Civil Pty Ltd had failed to satisfy several sponsorship obligations, including obligations relating to ensuring equivalent terms and conditions of employment, providing information when certain events occurred, and ensuring the primary sponsored person worked in the nominated occupation.

The legal issues before the Tribunal were whether Quay Civil Pty Ltd had failed to satisfy its sponsorship obligations as found by the delegate, and if so, what action, if any, should be taken under section 140M of the Migration Act 1958 (Cth). The Tribunal was required to consider the prescribed criteria for determining what action to take, including the sponsor's past and present conduct, the nature and severity of the failure, the impact on others, whether the failure was intentional, and the steps taken to rectify the situation and ensure future compliance.

The Tribunal found that there was no evidence to suggest that Quay Civil Pty Ltd had misused the sponsorship program or intentionally sought to underpay or take advantage of sponsored employees. Having regard to all the circumstances, including the criteria set out in regulation 2.89(3) of the Migration Regulations 1994, the Tribunal considered that the correct and preferable decision was to set aside the decision under review.

Consequently, 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).