Barring a Person from Being a Sponsor or Cancelling a Sponsorship

 
 

An employer can be barred from being a sponsor in the following circumstances:

Division 2.20 Circumstances in which sponsor may be barred or sponsor’s approval may be cancelled

Reg 2.88 Preliminary

For subparagraphs 140L(1)(a)(i) and (ii) of the Act, each of the circumstances mentioned in this Division is a circumstance in which the Minister may take one or more of the actions mentioned in section 140M of the Act.

 Reg 2.89 Failure to satisfy sponsorship obligation

(1) This regulation applies to a person who is or was:

(a) a standard business sponsor in relation to a primary sponsored person or a secondary sponsored person; or

(b) …

(c) …

(2) For subparagraph 140L(1)(a)(i) of the Act, the circumstance is that the Minister is satisfied that the person has failed to satisfy a sponsorship obligation mentioned in Division 2.19.

(3) For paragraph 140L(1)(b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section 140Mof the Act in relation to the circumstance mentioned in subregulation (2) are:

(a) the past and present conduct of the person in relation to Immigration; and

(b) the number of occasions on which the person has failed to satisfy the sponsorship obligation; and

(c) the nature and severity of the circumstances relating to the failure to satisfy the sponsorship obligation, including the period of time over which the failure has occurred; and

(d) the period of time over which the person has been an approved sponsor; and

(e) whether, and the extent to which, the failure to satisfy the sponsorship obligation has had a direct or indirect impact on another person; and

(f) whether, and the extent to which, the failure to satisfy the sponsorship obligation was intentional, reckless or inadvertent; and

(g) whether, and the extent to which, the person has cooperated with Immigration, including whether the person informed Immigration of the failure; and

(h) the steps (if any) the person has taken to rectify the failure to satisfy the sponsorship obligation, including whether the steps were taken at the request of Immigration or otherwise; and

(i) the processes (if any) the person has implemented to ensure future compliance with the sponsorship obligation; and

(j) the number of other sponsorship obligations that the person has failed to satisfy, and the number of occasions on which the person has failed to satisfy other sponsorship obligations; and

(k) any other relevant factors.

A further circumstance is that the employer has given false or misleading information to DIBP or the AAT (see Reg 2.90).

Barbara DavidsonBarring a Person from being a Sponsor or Cancelling a Sponsorship