Therapy In The Home Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the sponsorship approval of Therapy In The Home Pty Ltd. The dispute arose from allegations that the company failed to comply with its sponsorship obligations, including ensuring equivalent terms and conditions of employment for sponsored individuals, providing required records and information to the Department, and notifying Immigration of certain events. The Tribunal was tasked with determining whether a prescribed circumstance for taking action under section 140M of the Migration Act 1958 (Cth) existed and, if so, what action should be taken.

The Tribunal considered whether Therapy In The Home Pty Ltd had failed to satisfy its sponsorship obligations under regulations 2.79, 2.83, and 2.84 of the Migration Regulations 1994. The Department had commenced monitoring the company and requested records, but was not satisfied that the provided information demonstrated compliance. Consequently, a Notice of Intention to Take Action was issued. In determining the appropriate action, the Tribunal was required to take into account various criteria outlined in regulation 2.89(3), including the nature and severity of the breach, the impact on other persons, the sponsor's cooperation, and steps taken to rectify the failure.

The Tribunal found that the company had failed to satisfy its sponsorship obligations. Applying the criteria in regulation 2.89(3), the Tribunal was satisfied that the circumstances warranted action under section 140M. The Tribunal affirmed the decision under review, ordering that Therapy In The Home Pty Ltd be barred from sponsoring more people under its approved standard sponsorship agreement until 12 November 2020.