1608183 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 457 visa. The dispute arose when the applicant ceased employment with Armstrong Gold Coast Pty Ltd on 21 December 2015, and did not secure new employment within 90 consecutive days, thereby breaching a condition of their visa.

The Tribunal was required to determine whether the ground for visa cancellation existed and, if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to ascertain if the applicant had complied with visa condition 8107, which mandates that the holder not cease employment in a nominated occupation for more than 90 consecutive days.

The Tribunal found that the applicant had indeed breached visa condition 8107, as they had ceased employment for more than 90 consecutive days. In exercising its discretion to cancel the visa, the Tribunal considered various factors, including the purpose of the visa, the reason for the breach, potential hardship to the visa holder, and the applicant's behaviour. While acknowledging the hardship the applicants might face and the dilatory service from a migration agent, the Tribunal placed significant weight on the absence of immediate employment prospects. The Tribunal noted that the applicant's voluntary decision to cease employment and the low prospects of a nomination by a non-trading company weighed against exercising discretion in favour of the applicant.

Consequently, the Tribunal affirmed the decision to cancel the first applicant's Subclass 457 visa. The Tribunal noted it had no jurisdiction concerning the second applicant.