1602468 (Migration)

This decision concerns an application to affirm the cancellation of a Subclass 457 (Temporary Work (Skilled)) visa. The applicant sought review of the Minister's decision to cancel their visa. The tribunal, presided over by Antonio Dronjic, considered the grounds for cancellation and the exercise of discretion in affirming the cancellation.

The primary legal issue before the tribunal was whether the ground for visa cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. Specifically, the tribunal had to determine if the applicant's sponsoring employer, N & R Trading Pty Ltd, had its sponsorship cancelled under section 140M of the Act, which would trigger a prescribed ground for cancellation under regulation 2.43(1)(l)(iv) of the Migration Regulations 1994.

The tribunal found that N & R Trading Pty Ltd's sponsorship was indeed cancelled on 31 July 2015, thereby establishing the ground for cancellation under section 116(1)(g) and regulation 2.43(1)(l)(iv). Although this ground did not mandate cancellation, the tribunal then considered its discretion. It noted that while administrative policy guidelines, such as those in PAM3, could guide its decision, they were not legally binding, referencing *Re Drake (No 2)* and *Visnumolakakala v Minister for Immigration*. The tribunal considered factors including the purpose of the visa, the applicant's efforts to find new employment, and the fact that the visa would have expired soon. Ultimately, the tribunal concluded that the reasons for cancelling the visa outweighed the reasons against it.

The tribunal affirmed the decision to cancel the applicant's Subclass 457 visa. The tribunal stated it had no jurisdiction concerning any other applicants.