1606942 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The dispute arose when the applicant ceased employment with his sponsoring employer, All Cast (NT) Drainage Systems P/L, on 20 October 2015, and had not returned to that employment or any other employment as a Carpenter since that date.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, specifically whether the applicant had complied with condition 8107 of his visa. This condition mandated that the applicant work in the occupation specified in the most recently approved nomination and stipulated that if employment ceased, the period of cessation must not exceed 90 consecutive days. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that the applicant was subject to condition 8107, requiring him to work as a Carpenter, and the 90-day limit on ceasing employment. As the applicant had ceased working as a Carpenter on 20 October 2015 and had not returned to that employment, he was in breach of this condition. Despite submissions that the applicant was establishing his own business as a Construction Project Manager and had invested significantly, the Tribunal concluded that the ground for cancellation was established. In exercising its discretion, the Tribunal considered the applicant's efforts to establish a new business and the potential hardship, but ultimately affirmed the decision to cancel the visa.