Aryal (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), held by Mr. Aryal. The cancellation was based on the ground that Mr. Aryal's employment with the sponsoring business was terminated within two years of the visa grant. This termination occurred due to a change in the ownership of the sponsoring business and subsequent redundancy, which the applicant contended were circumstances beyond his control and that he had made a genuine effort to remain engaged in the employment.

The Tribunal was required to determine whether the cancellation of Mr. Aryal's visa was justified under the Migration Act 1958 (Cth). Specifically, the AAT had to assess whether the circumstances leading to the termination of employment, namely the change of business ownership and redundancy due to COVID-19, constituted events beyond the applicant's control. Furthermore, the Tribunal needed to consider whether Mr. Aryal had made a genuine effort to be engaged in the employment as required by the relevant provisions.

In its reasoning, the Tribunal found that the change in ownership of the sponsoring business and the subsequent redundancy, exacerbated by the economic impact of COVID-19, were indeed circumstances beyond Mr. Aryal's control. The AAT was satisfied that Mr. Aryal had demonstrated a genuine effort to maintain his employment relationship with the business, despite the unforeseen events. Consequently, the Tribunal concluded that the ground for cancellation was not made out in this instance. The decision under review was set aside, and the AAT substituted a decision to affirm the visa.