Xu Hong Bin (Migration)

This matter concerned an application for review by Xu Hong Bin, an approved sponsor, of a decision made by the Minister under the *Migration Act 1958* (Cth). The dispute arose from allegations that the applicant had failed to satisfy sponsorship obligations, specifically the obligation to provide records and information to the Minister and to ensure sponsored persons worked in their nominated occupation. The applicant operated a massage therapy business and had sponsored several individuals as massage therapists.

The Administrative Appeals Tribunal was required to determine whether the circumstances prescribed by the *Migration Regulations 1994* for the taking of action under section 140M of the Act existed. This involved assessing whether the applicant had failed to satisfy a sponsorship obligation as defined in Division 2.19 of the Regulations, and if so, whether any of the actions specified in section 140M were warranted. The Tribunal also had to consider the criteria set out in regulation 2.89(3) when determining what action, if any, should be taken.

The Tribunal's reasoning focused on the absence of the prescribed circumstances for taking action under section 140M. While acknowledging the allegations of failure to satisfy sponsorship obligations, the Tribunal concluded that the power to take action under section 140M did not arise in this instance. The decision implies that the Tribunal found that the threshold for imposing sanctions under section 140M had not been met, despite the potential for such action if prescribed circumstances were found to exist.

Ultimately, 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*.