Minister for Immigration and Border Protection v Choong Enterprises Pty Ltd [2015] FCA 390

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v Choong Enterprises Pty Ltd [2015] FCA 390 Citation: Minister for Immigration and Border Protection v Choong Enterprises Pty Ltd [2015] FCA 390

Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v CHOONG ENTERPRISES PTY LTD, RONALD KHEONG HUAT CHOONG and KIM CHOONG

File number: NTD 34 of 2014

Judge: MANSFIELD J

Date of judgment: 27 April 2015

Catchwords: MIGRATION – contraventions of s 140Q of Migration Act 1958 (Cth) – sponsored migration – where respondent employed 457 visa holders – failure to ensure terms of employment are equivalent to Australian employment standards – failure to keep records of monies paid – failure to notify the Commonwealth Government of changes to circumstances – failure to ensure sponsored person works in nominated occupation – taking actions that would result in sponsored employee paying for certain costs – pecuniary penalties – where sponsorship approval has been cancelled – where respondent admits most of the contravening conduct at an early stage – where warning notices of contravention have been provided – where contravening conduct spans several years – multiple contraventions – fixing one penalty for multiple contraventions under s 486ZA – totality principle MIGRATION – contraventions of s 140Q of Migration Act 1958 (Cth) – sponsored migration – pecuniary penalties – accessorial liability – where accessory is sole director and shareholder of sponsor – whether further pecuniary penalties should be imposed on accessory MIGRATION – contraventions of s 140Q of Migration Act 1958 (Cth) – sponsored migration – where sponsor failure to ensure terms of employment are equivalent to Australian employment standards – orders for restitution to sponsored employees under s 486S of Migration Act 1958 (Cth)