1601815 (Migration)

This matter concerned an application to the Tribunal to review the cancellation of the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The Minister had cancelled the visa under section 116(1)(b) of the Migration Act 1958 (Cth), which permits cancellation if the holder does not comply with a visa condition. The specific condition at issue was condition 8107(3)(b), which stipulated that a visa holder who ceases employment must not be unemployed for more than 90 consecutive days. The applicant's sponsoring employer had notified the Department that the applicant ceased employment on 21 August 2015.

The Tribunal was required to determine whether the ground for cancellation, namely the breach of visa condition 8107(3)(b), was established. If so, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances. The Tribunal noted that the applicant had not responded to the Notice of Intention to Consider Cancellation issued by the Department, nor had she provided any submissions or evidence to the Tribunal regarding the cancellation.

The Tribunal found that the applicant had indeed ceased employment as a Contract Manager with her sponsoring employer on 21 August 2015 and had remained unemployed for more than 90 consecutive days during the currency of her visa. Consequently, the ground for cancellation under section 116(1)(b) was satisfied. In considering the exercise of discretion, the Tribunal had regard to the applicant's lack of response and the absence of any evidence suggesting hardship, compelling need to remain in Australia, or any other extenuating circumstances that would outweigh the grounds for cancellation. The Tribunal concluded that the applicant had not provided any information to suggest that the visa should not be cancelled.

Accordingly, the Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa.