Anguralia (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the cancellation of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), held by Mr. Anguralia. The cancellation was based on the ground that Mr. Anguralia's employment with the sponsoring employer was terminated within two years of the visa grant. Mr. Anguralia contended that he had made a genuine effort to engage in the nominated employment, but that the termination arose from circumstances including a demotion, a reduction in pay, an increased workload, and mistreatment by the employer.

The Tribunal was required to determine whether Mr. Anguralia had made a genuine effort to engage in the nominated employment, and if not, whether there were compelling reasons for the visa not to be cancelled. This involved assessing the nature of the changes to Mr. Anguralia's employment conditions and the employer's conduct, as well as the extent to which Mr. Anguralia had attempted to maintain his employment relationship. The Tribunal also considered contemporaneous communications between Mr. Anguralia and his migration agent regarding these issues.

The Tribunal found that Mr. Anguralia had indeed made a genuine effort to engage in the nominated employment, despite the adverse changes to his role and treatment by the employer. It was satisfied that the termination of employment was not due to any fault on Mr. Anguralia's part, but rather a consequence of the employer's actions and the difficult working environment created. The Tribunal concluded that there were compelling reasons not to cancel the visa, given Mr. Anguralia's demonstrable efforts and the circumstances leading to the employment termination.

Consequently, the Tribunal set aside the decision under review and substituted a new decision that the visa not be cancelled.