Sononey Corporation Pty Ltd ATF Sononey Family Trust (Migration)

This matter concerned an application by Sononey Corporation Pty Ltd ATF Sononey Family Trust (the applicant) for review of a decision made by the Department of Immigration and Border Protection. The dispute arose from the applicant's failure to notify the Department of the cessation of employment of one of its sponsored employees, Jagroop Singh Bhatti, in March 2015, which was a breach of regulation 2.84 of the Migration Regulations 1994. The Department had become aware of this cessation during a site visit and subsequent information requests.

The primary legal issue before the Tribunal was whether the applicant had contravened regulation 2.84 by failing to notify the Department of the employee's cessation of employment, and if so, what action, if any, should be taken under section 140M of the Migration Act 1958. The Tribunal was required to consider the criteria set out in regulations 2.90, 2.92, and 2.94A when determining whether to take action against the applicant.

The Tribunal found that while the applicant had indeed breached regulation 2.84, it was not satisfied that the prescribed circumstance in regulation 2.89 existed for the purpose of section 140M. The Tribunal's reasoning focused on the applicant's overall conduct, noting that the failure to notify was not an intentional breach and that the applicant had a history of six approved nominations and sponsored visa holders. The Tribunal considered the criteria for taking action, including the nature of the breach and the applicant's past conduct in relation to immigration matters.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to take any of the actions specified in section 140M of the Migration Act 1958.