ALI (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 Kashmir Transport Pty Ltd to work as a Corporate Services Manager. The visa was granted on 1 September 2015 and was subject to condition 8107, which required the visa holder to work only in their sponsored position and stipulated that any cessation of employment must not exceed 90 consecutive days. The applicant ceased employment in July 2016 due to marital difficulties and subsequently resigned, acknowledging that he did not return to that employment.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8107 of his visa. Specifically, the Tribunal had to determine if the applicant had ceased employment for a period exceeding 90 consecutive days, thereby breaching the visa condition. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances, including any compelling or compassionate reasons presented by the applicant.

The Tribunal found that the applicant had indeed ceased employment in July 2016 and that this cessation exceeded 90 consecutive days, thus establishing a breach of condition 8107(3)(b). While the applicant presented marital difficulties as a compelling and compassionate reason for his resignation, and expressed a desire to return to his sponsored employment, the Tribunal also noted the applicant's request to postpone a hearing due to a knee injury, which the Tribunal deemed insufficiently evidenced to warrant postponement. Considering all circumstances, including the breach of the visa condition and the applicant's conduct regarding the hearing, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa. The Tribunal stated it had no jurisdiction with respect to any other applicants.