Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:4:p16
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 4 (pt 16/33)
Character Range: 657358–660125

of the Act, the Minister is not required to publish information under subsection 140K(4) of the Act that relates to an approved family sponsor or former approved family sponsor.

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

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.
Note: The Minister cannot take action against a party to a work agreement under section 140M of the Act. The terms of the work agreement will provide for whether the agreement can be cancelled or whether the person can be barred from doing certain things under the agreement.

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) a professional development sponsor in relation to a primary sponsored person; or
 (c) a temporary work sponsor in relation to a primary sponsored person or a secondary sponsored person; or
 (d) a temporary activities sponsor in relation to a primary sponsored person or a secondary sponsored person; or
 (e) a parent sponsor.
 (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 140M of 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