Ahmed (Migration)

This matter concerned the review of a decision to cancel the applicant's Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The ground for cancellation was the applicant's alleged failure to comply with a condition of their visa, specifically condition 8107(3)(b), which requires a visa holder not to cease employment for a period exceeding 60 consecutive days. The applicant had ceased employment with their sponsoring employer.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the applicant's visa should be cancelled, considering all relevant circumstances. While the applicant's representative initially made submissions regarding the existence of the cancellation ground, these were ultimately abandoned, and the Tribunal was satisfied that the ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) was made out. As this ground did not mandate cancellation, the Tribunal then had to exercise its discretion.

In considering the exercise of its discretion, the Tribunal had regard to the circumstances of the case, including matters raised by the applicant and the Department's Procedures Advice Manual (PAM3). The Tribunal noted that while PAM3 guidelines are not binding, they can provide a useful starting point. The applicant's visa was granted on 1 February 2018 and was due to expire on 1 February 2022. The applicant ceased employment on 26 March 2019. The Tribunal considered the purpose of the applicant's travel and stay in Australia, along with other circumstances not detailed in the provided text, which led to the conclusion that the visa should not be cancelled.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 457 visa. The Tribunal noted it had no jurisdiction concerning any other applicants.