Master Mans Noodle Qld Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Mastermans Noodle Qld Pty Ltd, the applicant, and the Department of Home Affairs. The dispute arose from the cancellation of Mastermans' approval as a sponsor for a temporary work visa, based on alleged breaches of sponsorship obligations, including underpayment of an employee, Shelly Wang, and working outside her nominated role. The Tribunal was asked to determine whether Mastermans had breached specific regulations under the Migration Act 1958 (Cth) and, if so, what action, if any, should be taken.

The Tribunal was required to consider whether Mastermans had failed to satisfy its sponsorship obligations under regulation 2.79 by underpaying Shelly Wang, whether Ms Wang had worked predominantly in her nominated role as required by regulation 2.86, and whether Mastermans had provided false or misleading information to the Department under regulation 2.90. In assessing these issues, the Tribunal had to apply the criteria set out in regulation 2.89 for determining what action to take under section 140M of the Act, including the nature and severity of any failure, whether it was intentional or inadvertent, and the steps taken to rectify the situation.

The Tribunal found that Mastermans had breached regulation 2.79 by underpaying Shelly Wang, acknowledging that this breach was unintentional and arose from administrative deficiencies and human error rather than predatory conduct. However, the Tribunal was not satisfied that Ms Wang had worked outside her nominated role, finding that her duties aligned with the position and that any work outside this was sporadic and primarily due to circumstances like the COVID-19 pandemic. Furthermore, the Tribunal concluded that Mastermans had not provided false or misleading information, finding that the provision of two sets of pay records was intended to explain the rectification process rather than mislead.

Consequently, the Tribunal set aside the original decision to cancel sponsorship approval and substituted a fresh decision. Mastermans was found to have breached regulations 2.79(3) and 2.89(2) but not regulations 2.86 or 2.90. As a sanction, the Tribunal imposed a sponsorship bar for a period of twelve months, commencing from the date of the original delegate's decision, 7 July 2021.