Azeem (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 187 Regional Sponsored Migration Scheme visa of the applicant, Mr. Azeem. The dispute arose because Mr. Azeem's employment as a Café Manager with his sponsor employer, Dipesh Pty Ltd, terminated within the required two-year period. The business, Aroma Café Forrest Lakes, ceased operations permanently.

The Tribunal was required to determine whether the grounds for cancellation under section 137Q of the Migration Act 1958 were met. Specifically, the Tribunal had to consider if the applicant commenced the nominated employment, if that employment terminated within two years, and crucially, whether the applicant had made a genuine effort to be engaged in that employment for the required period, or if the cessation of employment was due to circumstances beyond their control.

The Tribunal found that the applicant's employment ceased on 29 April 2016 due to the permanent closure of the business, which was a result of failed lease renewal negotiations and a requirement to vacate the premises. Evidence from the sole director of Dipesh Pty Ltd and the applicant's own statutory declaration indicated that this closure was beyond the applicant's control. The Tribunal accepted that the business ceased all operations on that date and that the applicant's employment was discontinued as a direct consequence. Therefore, the Tribunal was not satisfied that the ground for cancellation under section 137Q existed.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Azeem's Subclass 187 visa.