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From: s. 22(1)(a)(ii)
To: s. 47F(1)
Subject: Notice of Decision - Emergence Technology Pty Ltd [SEC=OFFICIAL]
Date: Thursday, 11 November 2021 5:14:00 PM
Attachments: Notice of Decision - EMERGENCE TECHNOLOGY PTY LTD.pdf

OFFICIAL

In reply please quote:

Client Name: Emergence Technology Pty Ltd

s. 47E(d)

Good afternoon s.
47F(1)

You have been authorised to receive correspondence on behalf of Emergence Technology Pty
Ltd, regarding monitoring. Please see attached a ‘Notice of Decision’ letter, dated 10 November
2021.
Should you have any questions or queries, please feel free to respond to this email.
Contacting the Department 
The Department can be contacted with a general enquiry in a number of ways including via
email, through the website or by telephoning a Contact Centre. In Australia you can call 131 881
between 9 am and 4 pm Monday to Friday. The website is: www.homeaffairs.gov.au.
Kind regards

s. 22(1)(a)(ii)
Supervisor
s. 47E(d)
Enforcement Operations South
Australian Border Force
s. 47E(d)

under the Freedom of Information Act 1982

s. 22(1)(a)(ii) @abf.gov.au Released by Department of Home Affairs

OFFICIAL
 Document 1.1 - Page 1

11 November 2021

Emergence Technology Pty Ltd

95 Albert Street
Brunswick VIC 3056

Delivered by e-mail

In reply please quote:

Client Name: Emergence Technology Pty Ltd
s. 47E(d)

NOTICE OF DECISION UNDER SECTION 140M OF THE MIGRATION ACT 1958

(THE MIGRATION ACT)
(Issued in accordance with regulation 2.98 of the Migration Regulations 1994)
Dear Emergence Technology Pty Ltd
I am writing regarding your status as an approved work sponsor in the temporary
activities sponsorship class.
The purpose of this letter is to provide notice that as a delegate of the Minister for Home
Affairs and Minister for Immigration, Citizenship, Migrant Services and Multicultural
Affairs (the Minister), I have made the following decision.
Decision
Under subsection 140M(1) of the Migration Act, I have made the decision to:
 cancel your approval as a temporary activities sponsor

under the Freedom of Information Act 1982

The decision takes effect from 11 November 2021. Released by Department of Home Affairs
Effect of decision
Cancellation of your approval as a temporary activities sponsor means you will not be
able to sponsor any further visa applicants or visa holders for temporary work visas.
Below I have listed the grounds for my decision and your review options.
Background
On 6 October 2021, the Australian Border Force (ABF) wrote to you in the form of a
Notice of Intention to Take Action (NOITTA), which stated that a delegate of the Minister
was considering taking action under section 140M of the Migration Act.

The NOITTA provided an opportunity for you to comment on the delegate’s concerns.
The identified circumstance were:
Regulation 2.90 Provision of false or misleading information.
Regulation 2.91 Application or variation criteria no longer met.

Australian Border Force  1010 La Trobe Street, Melbourne VIC 3008

Telephone: 131 881  www.homeaffairs.gov.au
 –2– Document 1.1 - Page 2

The NOITTA was sent to your representative on 6 October 2021. On 19 October 2021,
the day before your response was due, you requested an extension as you were
awaiting records you had request via Freedom of Information (FOI). Your extension
request was granted. They day prior to your new timeframe for response ceased, you
requested another extension. This was not approved. The ABF advised you that the
majority of the records you requested via FOI were readily available to you, as they
related to applications you completed and supporting documents you provided to the
Department. In relation to the documents held in the file managed by the Sponsor
Monitoring Unit, it was explained that these were minimal as no site visit or interviews
were conducted, and the first interaction between you and the ABF was the NOITTA sent
on 06 October 2021.
You responded via your representative s. 47F(1) from s. 47G(1)(a) ,
and advised that you did not intend to take up the invitation to respond to the NOITTA
and consented to having your sponsorship agreement cancelled. You noted however
that your decision not to respond should not be considered an admission to any of the
allegations made against you by the ABF.
Assessment and findings
I have considered the evidence gathered during monitoring. Given your lack of response
to the NOITTA, I find circumstances for cancelling your approval as a sponsor or for
barring you from use of the program, for a specified period of time, exists or existed.
Given this assessment, I am satisfied that the following circumstances are met:
Regulation 2.90 Provision of false or misleading information
Regulation 2.91 Application or variation criteria no longer met
Considerations
Regulation 2.90 – Provision of false or misleading information
I have determined that you have provided false or misleading information to the
Department of Home Affairs. I have taken into account the following criteria, as required
by subregulation 2.90(3) of the Regulations, in determining what action to take under
section 140M of the Migration Act.

under the Freedom of Information Act 1982

The purpose for which the information was provided Released by Department of Home Affairs

Comments
Each instance of false and misleading information was provided by you in your
application to become a temporary activities sponsor. The information was provided in
order to meet the criteria for your application to be approved.

Your past and present conduct in relation to Immigration

Comments
You have been a temporary activities sponsor since 20 November 2019. Since
becoming a temporary activities sponsor, you have successfully nominated s. 47F(1)
visa holder. You have not been monitored before.
The ABF is satisfied that you provided false and misleading information in your
application to become a standard business sponsor, and this reflects poorly on your
conduct in relation to Immigration.
 –3– Document 1.1 - Page 3

The nature of the information

Comments
The ABF has identified five separate instances where you provided false and
misleading information. Each are outlined below:
 In your temporary activities sponsorship application you stated that your
intention to become an approved sponsor was ‘to coordinate training and skill
enhancement opportunities for Nominees through industry partners in [the]
s. 47F(1)
’. However since the agreement was approved,
only six of the twenty-one nominations you have lodged were related to s.47F(1)
. The remainder
were unrelated to s. 47F(1) , for example s. 47F(1)

Given the majority of nominations you lodged fell outside the scope of s. 47F(1)
, the ABF is satisfied that the reasons given for applying to
become an approved temporary activities sponsors were false and misleading.
 An associate of your business, s. 47F(1)
, and
during this period the entity applied to become a standard business sponsor on
two occasions. Both applications were refused, s. 47F(1)
. Based on this information, your declaration of
‘no’ in response to the question ‘has the applicant or any of the organisation's
business associates previously been refused an application for any class of
sponsorship?’ is deemed to be false.
 In your temporary activities sponsorship application you responded ‘no’ to the
question, ‘Has the applicant or any principal of the organisation, in the last
three years … been under investigation, subject to disciplinary action or legal
proceedings in relation to an alleged contravention of a law?’ This response
was deemed false because s. 47F(1)

under the Freedom of Information Act 1982

Released by Department of Home Affairs
 In your temporary activities sponsorship application, you responded ‘no’ to the
question ‘Is there any adverse information relating to the applicant's suitability
to sponsor people from overseas?’. This was response was deemed false, as
s. 47F(1)

placing most at a
financial and educational disadvantage.
 In your temporary activities sponsorship application you were asked to provide
an answer to the question, ‘Have you provided complete and correct
information in every detail on this form, and on any attachments to it?’ In
response you stated ‘yes’. Based on the four instances of false and misleading
information identified above, this was deemed to be false.
 –4– Document 1.1 - Page 4

Whether, and the extent to which, the provision of false or misleading information has
had a direct or indirect impact on another person

Comments
I consider that the false and misleading information has directly impacted s. 47F(1)

The provision of false and misleading information has also directly impacted the 20
persons linked to your current pending nominations. They have paid money to apply
for visas to come to, or remain in Australia, when they otherwise may not have.

Whether the information was provided in good faith

Comments
I do not consider that the information was provided by you in good faith.
I consider that you provided the false and misleading information in order to maximise
your chances of your temporary activities sponsorship application being approved.

Whether you notified Immigration immediately upon discovering that the information was
false or misleading

Comments
The false and misleading information was discovered by the ABF.

Any other relevant factors

Comments
Nil.

under the Freedom of Information Act 1982

Released by Department of Home Affairs
Regulation 2.91 – Application or variation criteria are no longer met
I am satisfied that you no longer meet the criteria prescribed for the purposes of section
140E that were met at the time you were approved as a sponsor.
I took into account the following criteria, as required by subregulation 2.91(3), in
determining what action to take under section 140M of the Migration Act.
The nature of the applicable sponsorship criteria that you no longer meet

Comments
You no longer satisfy the application criteria that you are lawfully operating a business
whether inside or outside Australia (Regulation 2.59(c)).

Whether, and the extent to which, the failure to continue to satisfy the criteria for
approval as a sponsor has had a direct or indirect impact on another person

Comments
 –5– Document 1.1 - Page 5

s. 47F(1)
sponsorship agreement and your failure
to continue to satisfy the criteria for approval as a sponsor has s. 47F(1)

You also have 20 training visa nominations pending, and the persons linked to these
nominations will also be directly impacted by your failure to continue to satisfy the
criteria for approval as a sponsor.

The reason why you no longer satisfy the applicable sponsorship criteria, including
whether the failure to satisfy the criteria is within your control

Comments
You no longer satisfy the criteria for approval as a sponsor as adverse information is
known about you, and the ABF does not believe it is reasonable to disregard this
information. The adverse information relate to s. 47F(1)
The ABF believes your failure to satisfy the criteria is within your control,
as s. 47F(1) is voluntary.

The steps (if any) you have taken to ensure that you will satisfy the applicable criteria in
the future

Comments
You have taken no steps to ensure that you will satisfy the applicable criteria in the
future.

Any other relevant factors

Comments
Nil.

Adverse information
You should be aware that, in order for the Minister to approve an application by a person
for approval as a sponsor, the Minister must be satisfied there is no adverse information

under the Freedom of Information Act 1982

known to the Department of Home Affairs or the ABF about the applicant or a person
Released by Department of Home Affairs
associated with the applicant, or it is reasonable to disregard any adverse information
known to the Department of Home Affairs or the ABF about the applicant or a person
associated with the applicant. Any adverse information about you contained in this notice
may impact on your ability to satisfy this criterion in any future application for approval as
a sponsor.
Disclosure of information
In accordance with section 140ZH of the Migration Act and regulations 2.103 and 2.104,
s. 47F(1)
be advised of the action being taken under section 140M of the
Migration Act:
s. 47F(1)

In accordance with section 140K(4) of the Migration Act, the Minister must publish the
details of sanctioned sponsors. See: https://author.abf.gov.au/about-us/what-we-
do/sponsor-sanctions/register-of-sanctioned-sponsors.
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Review of this decision

You are entitled to apply for review by the Administrative Appeals Tribunal (AAT) of the
decision to impose a sanction under section 140M of the Migration Act. You have 21
calendar days after the day on which you are taken to have received this notice to lodge
the application for review.
As this letter was sent to you by email, you are taken to have received it at the end of the
day it was transmitted.
Lodgement of Applications
Applications for review can be lodged online, by post, by fax or by hand.
Cases at the AAT are managed in offices around Australia called registries. If you wish to
lodge an application for review by hand, post or fax, refer to the details below.
Applications for review can be lodged by hand on weekdays (excluding public holidays)
between 8.30am and 5.00pm at any registry of the AAT.
Further information about merits review is available on the AAT website at
www.aat.gov.au. The AAT can be contacted from anywhere in Australia in business
hours on 1800 228 333.

State/Territory In person By post By fax

New South Wales Level 6 GPO Box 9955 02 9276 5599
83 Clarence St Sydney NSW 2001
Sydney NSW 2000

Australian Capital Level 8 GPO Box 9955 02 9276 5599

Territory 14 Moore St Sydney NSW 2001
Canberra ACT 2601

Victoria Level 4 GPO Box 9955 03 9454 6999

15 William St Melbourne VIC 3001
Melbourne VIC 3000
Tasmania Edward Braddon GPO Box 9955 03 9454 6999
Building, Hobart TAS 7001
Commonwealth Law

under the Freedom of Information Act 1982

Courts Released by Department of Home Affairs
39–41 Davey St,
Hobart TAS 7000
South Australia Level 2 GPO Box 9955 08 8128 8099
1 King William St Adelaide SA 5001
Adelaide SA 5000
Western Australia Level 13 PO Box 9955 03 9454 6999
111 St Georges Melbourne VIC 3001
Terrace
Perth WA 6000
Northern Territory Level 2 GPO Box 9955 08 8128 8099
1 King William Street Adelaide SA 5001
Adelaide SA 5000

Queensland Level 6 GPO Box 9955 07 3052 3069

295 Ann Street Brisbane QLD 4001
Brisbane QLD 4000
Released by Department of Home Affairs
under the Freedom of Information Act 1982
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