Yiyun Corporation Pty Ltd (Migration)

This matter concerned an application by Yiyun Corporation Pty Ltd (the applicant) for review of a decision by the Minister to take action under section 140M of the Migration Act 1958 (Cth). The applicant, approved as a standard business sponsor, had been notified by the Australian Border Force of its intention to take action under section 140M due to alleged failures to satisfy sponsorship obligations, including providing false or misleading information and failing to notify the Department of a change in its Head Office.

The primary legal issues before the Tribunal were whether the applicant had breached its sponsorship obligations under the Migration Regulations 1994, specifically concerning the provision of information and the engagement of a sponsored person, and if so, what action, if any, should be taken under section 140M of the Act. The Tribunal was required to consider the prescribed criteria for determining the appropriate response to such breaches, including the applicant's conduct, the nature and severity of the failures, and the steps taken to rectify them.

The Tribunal found that while the applicant had failed to satisfy certain sponsorship obligations, including a failure to notify the Department of a change in its Head Office, this failure was reckless rather than intentional. The Tribunal noted the applicant's cooperation with the investigation, the timely provision of responses, and the steps taken to rectify the breaches, such as improving record-keeping and ensuring the sponsored person was employed only in the nominated role. The Tribunal also considered the period of time the applicant had already been barred from sponsoring further individuals as a consequence of the delegate's decision.

Having regard to the totality of the circumstances and the prescribed criteria, the Tribunal concluded that no action should be taken under section 140M of the Act. Accordingly, the Tribunal set aside the decision under review and substituted a decision to take no action.