SJ INFINITY PTY LTD (Migration)

This matter concerned an appeal by SJ Infinity Pty Ltd against a decision to cancel its approval as a standard business sponsor. The dispute arose from allegations that the company had failed to meet its sponsorship obligations, specifically concerning the terms and conditions of employment offered to its sponsored nominees. The decision was made by Bridget Cullen, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether SJ Infinity Pty Ltd had failed to satisfy its sponsorship obligations, thereby triggering the provisions of sections 140K, 140L, and 140M of the Migration Act 1958 (Cth) and associated regulations. Specifically, the Tribunal had to determine if the company had breached regulation 2.79 by failing to ensure equivalent terms and conditions of employment for its nominees, leading to underpayment and extended periods of leave without pay that were incompatible with the purpose of the temporary skilled visa program.

The Tribunal's reasoning focused on the evidence presented regarding two nominees. It found that one nominee, Jian Ge, had been underpaid by $31,012.65, and another, Meijie Zhang, had been granted leave without pay for a duration deemed incompatible with the visa program, constituting an underpayment. In reaching its decision, the Tribunal considered the prescribed criteria under regulation 2.89(3), including the nature and severity of the failure, the impact on the nominees, and the applicant's conduct in relation to immigration matters.

Ultimately, the Tribunal affirmed the decision under review. It concluded that SJ Infinity Pty Ltd should be barred from making applications for approval as a standard business sponsor and temporary activities sponsor for a period of 24 months, taking into account the totality of the circumstances and the relevant criteria.