Ahmed (Migration)

This matter concerned an application for review of a decision to cancel the first applicant's Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant had been nominated by SHKI PTY LTD, a real estate representative. The ground for cancellation was that the applicant had ceased employment with the sponsor, which ceased trading on 20 June 2018, approximately 15 months after the visa was granted. This cessation of employment meant the applicant was taken to have breached condition 8107(3)(b) of his visa, which requires that a visa holder must not cease employment for more than 60 consecutive days. The applicant did not respond to the Notice of Intention to Consider Cancellation.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal considered the applicant's compliance with visa conditions, noting that the nominated occupation was not one that exempted the applicant from the requirement to work for the sponsor or an associated entity. The Tribunal found that the applicant had indeed breached condition 8107(3)(b) by ceasing employment with the sponsor for a period exceeding 60 consecutive days.

In considering the exercise of discretion, the Tribunal had regard to the circumstances of the case, including the applicant's purpose for travel and stay in Australia, and the extent of his compliance with visa conditions. While acknowledging the applicant's efforts to find new nominations and his current part-time work, the Tribunal found these did not constitute a compelling need to remain in Australia. The Tribunal also noted that the applicant had breached a fundamental condition of his Subclass 457 visa.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, considering all circumstances, the visa should be cancelled. The Tribunal noted it had no jurisdiction with respect to the second applicant.