Amandeep Singh (Migration)

This matter concerned the review of a decision by the Minister to cancel Amandeep Singh's Subclass 457 (Temporary Work (Skilled)) visa. The dispute arose because Mr. Singh was not working in the occupation of Retail Buyer, as nominated in his visa application, but rather in duties more aligned with a Retail Manager. The sponsor, Suman Judge Pty Ltd, was subsequently barred, and the Administrative Appeals Tribunal was tasked with determining whether to affirm the cancellation decision.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, specifically concerning the applicant's non-compliance with visa condition 8107. This condition mandated that the visa holder work only in the occupation specified in the most recently approved nomination. The Tribunal also had to consider whether, having found a ground for cancellation, it should exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal reasoned that the evidence, including statements from the sponsor and a Product Portfolio Manager at 7-Eleven Head Office, established that the applicant's duties were not those of a Retail Buyer but rather a Retail Manager. The applicant conceded this non-compliance with condition 8107. While the Tribunal acknowledged the applicant's submission that he acted in good faith based on advice from a previous migration agent and noted his cooperation with the Department, it placed greater weight on the purpose of the Subclass 457 visa, which is to address genuine skill gaps. The Tribunal found that the applicant's non-compliance, even if partly due to negligent advice and exploitative practices by the sponsor, was not entirely outside his control. Other factors considered, such as the absence of dependent visa holders, no breach of international obligations, and no immediate indication of unlawful status or indefinite detention, did not outweigh the non-compliance with visa conditions.

Consequently, the Tribunal affirmed the decision to cancel Mr. Singh's Subclass 457 visa. The Tribunal noted that it remained open to the applicant to make a direct request for Ministerial Intervention.