What does adverse information for sponsors mean?

Adverse information is any adverse information relevant to a person’s suitability as an approved sponsor, and includes information that the person or persons associated with the person:

  • has become insolvent within the meaning of subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
  • in relation to a Commonwealth, state or territory law:
    • has been found guilty by a court of an offence
    • has been found to have acted in contravention of the law by a competent authority
    • has been the subject of administrative action (including being issued with a warning) by a competent authority
    • is under investigation, subject to disciplinary action or subject to legal proceedings.

​The Commonwealth, state or territory law must be about:

  • discrimination
  • immigration
  • industrial relations
  • occupational health and safety
  • people smuggling and related offences
  • slavery, sexual servitude and deceptive recruiting
  • taxation
  • terrorism
  • trafficking in persons and debt bondage.

Adverse information is relevant if it:

  • raises doubts about a person’s suitability as an approved sponsor
  • is about something that happened in the previous three years
  • is known to us.

There are limits to what is relevant. For example, information that a business has received a fine for having an unregistered vehicle on a public road is not likely to be relevant. On the other hand, information that the managing director of a company was being investigated for people trafficking offences would be relevant.

When we become aware of adverse information, we can:

  • disregard it if it is reasonable to do so
  • refuse an application to sponsor or nominate someone, where relevant, refuse a visa application, cancel the approval of a sponsor, or impose administrative sanctions if a person is already an approved sponsor.