The Trustee For Singh Family Trust (Migration)

This matter concerned an application for review by The Trustee for Singh Family Trust of a decision to cancel its approval as a standard business sponsor and to bar it from making future sponsorship applications for one year. The Trustee, which operates a taxi business, had sponsored an individual under the Subclass 457 program to work as a Transport Company Manager. The core of the dispute was whether the sponsored visa holder had actually worked full-time in the nominated position, and consequently, whether the Trustee had failed to satisfy its sponsorship obligations. The review was heard by Wan Shum.

The primary legal issue before the Tribunal was whether a prescribed circumstance existed for the taking of action against the sponsor under section 140M of the Migration Act 1958 (Cth). Specifically, the Tribunal had to determine if the Trustee had failed to satisfy a sponsorship obligation, as contemplated by regulation 2.89 of the Migration Regulations 1994 (Cth), by not ensuring the sponsored person worked in the nominated occupation. If such a failure was established, the Tribunal then had to consider the criteria set out in regulation 2.89(3) to determine what action, if any, should be taken.

The Tribunal found that the Trustee had failed to satisfy its sponsorship obligation under regulation 2.86, which requires a sponsor to ensure the sponsored person works in the nominated occupation. This finding was based on evidence, including an interview with the sponsored visa holder and a site visit, which raised concerns about inconsistencies regarding the nature of the work, hours, and location. The Tribunal considered the various criteria for determining the appropriate action, including the nature and severity of the failure, the period of time over which it occurred, and the impact on others.

Having considered the totality of the circumstances and the prescribed criteria, the Tribunal affirmed the decision under review. This resulted in the cancellation of the Trustee's approval as a standard business sponsor and a bar of one year from making future applications for approval as a standard business sponsor.