Appealing a Penalty or Sanction
The Department of Home Affairs has the power to impose a range of penalties and sanctions on sponsors that fail to meet their sponsor obligations. The penalties or sanctions that are imposed will depend on a number of factors, including the nature and severity of the non-compliance, and any mitigating factors such as any attempts made by the sponsor to rectify the non-compliance.
Penalties and sanctions for sponsors include:
Formal or informal warnings
Cancellation of a sponsorship approval
Being barred from being a sponsor for a specified period
Receiving an infringement notice (a fine)
Civil litigation (being taken to court)
If the Department of Home Affairs has imposed a penalty or sanction against your organisation, or if a court has made an order against your organisation, you may have the right to appeal the decision. There are different avenues of appeal, including:
Internal review (ie. asking the Department of Home Affairs to review their decision)
Merits review (ie. appealing to the Administrative Appeals Tribunal)
Judicial review (ie. appealing to a federal court)
Different avenues of appeal will be available depending on the types of sanctions or penalties imposed. There are also different time limitations for appealing a penalty, sanction or court order. It is important for you to have legal representation so that you are informed about your rights to appeal a decision against your organisation.
Has your organisation been sanctioned or penalised for non-compliance with sponsor obligations? We can help. Contact us today for a free, confidential discussion about how we can assist you.
If you are an approved sponsor, the Department of Home Affairs has the power to monitor your compliance with the sponsor obligations.
Immigration inspectors have a number of powers, including:
Power to enter business premises or other places where records are kept
Power to interview any persons while at the premises
Power to inspect any work, process or object at the premises
Power to inspect, and make copies of, any record or document (including electronic documents) kept on the premises
Power to request access to records at the premises
Power to request production of records within a specified period
If you are being monitored, it is highly recommended that you have a legal representative to deal with the Department of Home Affairs on your behalf, in order to minimise the risks of sanctions associated with non-compliance. Even if you have been non-compliant in the past, you should still take steps to mitigate or rectify the non-compliance before the Department takes formal action against your organisation.
Is your organisation being monitored by the Department? Contact us today to find out how we can help.