Tea Story (Australia) Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Tea Story (Australia) Pty Ltd, which trades as Chilli Panda, a restaurant in Perth. The dispute arose from the Department of Home Affairs' intention to cancel the company's sponsorship of Ms Yifan Wang, a subclass 482 visa holder employed as a cook. The Department's concerns stemmed from alleged failures by Tea Story to meet its sponsorship obligations, specifically regarding record-keeping and ensuring Ms Wang received her correct wages.

The primary legal issue before the Tribunal was whether Tea Story had failed to satisfy its sponsorship obligations under the *Migration Regulations 1994* (Cth), particularly concerning the provision of verifiable records of salary and benefits paid to Ms Wang, and whether this failure warranted the cancellation of its sponsorship. The Tribunal was required to determine if the evidence presented by Tea Story adequately demonstrated compliance with its obligations, or if the concerns raised by the Australian Border Force (ABF) regarding discrepancies in payment records and Ms Wang's employment status were sufficient to justify taking action under section 140M of the *Migration Act 1958* (Cth).

The Tribunal found that while there were initial discrepancies in the salary records provided by Tea Story, the company had subsequently provided sufficient documentation to satisfy its sponsorship obligations. Specifically, the Tribunal noted that Ms Wang had been paid the wages as claimed and that the amounts paid were in a form capable of being verified by an independent person. Consequently, the Tribunal concluded that the power to take action under section 140M of the *Migration Act 1958* (Cth) did not arise in this instance.

The Tribunal decided to set aside the decision under review and substitute a decision not to take one or more of the actions specified in section 140M of the *Migration Act 1958* (Cth).