ABBASI (Migration)

This matter concerned the affirmation of a decision to cancel the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant had been sponsored by ANT Holdings Pty Ltd, but this sponsorship was cancelled by the Department under s.140M of the Migration Act 1958 (Cth) in April 2016, with the sponsor being barred for five years. The applicant sought to secure new sponsorship and permanent residency, with his intention to marry being delayed.

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. Section 116(1)(g) permits cancellation if a prescribed ground applies, which in this case was r.2.43(21)(l)(iv) of the Migration Regulations 1994, relating to the cancellation or barring of a sponsor. The Tribunal also had to consider all relevant circumstances in exercising its discretion, including matters of government policy and the applicant's efforts to secure new sponsorship.

The Tribunal found that the ground for cancellation was established because the applicant's original sponsor had been cancelled and barred. While this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. It noted that the applicant had ceased employment with the original sponsor in February 2016 and that subsequent nomination applications lodged by new potential sponsors were made more than 90 days after the applicant ceased employment, exceeding the permissible period. The Tribunal was not satisfied with the applicant's explanation for his lack of awareness regarding the issues with his original sponsor's business, particularly given his role as Facilities Manager.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, considering all the circumstances, the visa should be cancelled.