1609610 (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 457 visa held by the applicant. The dispute arose when the Minister, through a delegate, decided to cancel the applicant's visa under section 116 of the Migration Act 1958 (Cth). The Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether the grounds for visa cancellation existed and, if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to determine if a prescribed ground for cancellation under regulation 2.43 of the Migration Regulations 1994 (Cth) was met, and then consider all relevant circumstances in deciding whether to affirm the cancellation.

The Tribunal found that the ground for cancellation under section 116(1)(g) of the Act was established because the applicant's sponsor had their approval cancelled and was barred from applying for approval as a standard business sponsor under section 140M of the Act. While this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. In doing so, it had regard to the applicant's circumstances, including the failure of subsequent sponsorship and nomination applications and the applicant's breach of visa condition 8107 by not being employed by a sponsor for more than 90 days. The Tribunal concluded that, considering all the circumstances, the visa should be cancelled.

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