Abu Samah (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Abu Samah, a holder of a subclass 457 (Temporary Work (Skilled)) visa, who sought review of a decision to cancel his visa. The cancellation was based on the applicant no longer being employed by his sponsoring employer, which constituted a breach of visa condition 8107.

The primary legal issue before the Tribunal was whether the applicant had provided any new and compelling reasons to justify the revocation of the delegate's decision to cancel his visa. The Tribunal was required to assess whether the applicant had demonstrated that he still met the criteria for the visa, particularly in light of his changed employment circumstances.

In its reasoning, the Tribunal noted that the applicant had not provided any new material to the Tribunal that was not before the original decision-maker. The Tribunal found that the applicant had failed to establish that he was still employed by his sponsor or that he had secured new employment that would satisfy the visa requirements. Consequently, the Tribunal affirmed the delegate's decision to cancel the applicant's visa.