1602645 (Migration)

The Administrative Appeals Tribunal considered an application by Mr Chohan concerning the cancellation of his Subclass 457 (Temporary Work (Skilled)) visa. The dispute centred on whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was met and, if so, whether the Tribunal should exercise its discretion to cancel the visa.

The primary legal issue before the Tribunal was to determine if the circumstances of Mr Chohan's employment and sponsorship satisfied the ground for cancellation under section 116(1)(b), which relates to the cessation of the purpose for which a visa was granted. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account relevant factors.

The Tribunal found that the ground for cancellation under section 116(1)(b) was satisfied because the purpose for which the Subclass 457 visa was granted, namely to work for a specific sponsor in a skilled occupation, no longer existed. While the applicant initially expressed a desire to remain in Australia to utilise his acquired skills, the Tribunal noted that the 457 visa scheme is designed to regulate foreign labour. The Tribunal then considered its discretion to cancel the visa. It took into account Mr Chohan's stated reasons for being unable to secure a new sponsor, which included a workplace injury and the subsequent closure of his employer's company. Initially sceptical due to a lack of evidence, the Tribunal later received medical documentation confirming the injury and its treatment, as well as evidence of a worker's compensation claim. Despite this, the Tribunal ultimately exercised its discretion to cancel the visa.

The Tribunal affirmed the decision to cancel Mr Chohan's Subclass 457 visa.