Westley Garden Pty Ltd (Migration)

This matter concerned an appeal by Westley Garden Pty Ltd against a decision to cancel its sponsorship approval. The Department's decision was based on findings that the sponsor had failed to satisfy sponsorship obligations and had provided false or misleading information, stemming from a site visit and subsequent information requests concerning the duties of a sponsored person, Ms Sekhon.

The Tribunal was required to determine whether the circumstances prescribed under the Migration Act 1958 and Migration Regulations 1994 for taking action against an approved sponsor existed. Specifically, the Tribunal had to consider whether the sponsor had failed to meet its sponsorship obligations or had provided false or misleading information, and if so, whether the power to cancel sponsorship approval under section 140M of the Act arose.

The Tribunal found that a purported certificate under section 375A of the Act was invalid as it lacked specificity regarding public interest reasons for disclosure. Crucially, the Tribunal concluded that the evidence presented did not establish that the prescribed circumstances for taking action under section 140M of the Act existed. Consequently, the Tribunal set aside the Department's decision and substituted a decision not to take any of the actions specified in section 140M.