Callangan (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Callangan, who sought review of the Minister's decision to cancel his Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The cancellation was based on the ground that Mr Callangan had ceased employment with his sponsor for more than 60 consecutive days, thereby breaching a condition of his visa. Mr Callangan contended that his redundancy was a consequence of the COVID-19 pandemic and beyond his control.

The primary legal issue before the Tribunal was whether the ground for cancellation, specifically the breach of visa condition 8107(3)(b) requiring no more than 60 consecutive days of unemployment, had been established. If the ground was established, the Tribunal then had to consider whether, in the exercise of its discretion, the visa should be cancelled, taking into account all relevant circumstances.

The Tribunal found that Mr Callangan had indeed breached condition 8107(3)(b) as his period of unemployment exceeded 60 consecutive days. However, in considering the exercise of discretion, the Tribunal had regard to the purpose of the visa, Mr Callangan's efforts to secure new employment, and the circumstances under which the breach occurred. The Tribunal accepted that the redundancy was due to the impacts of COVID-19 and was outside Mr Callangan's control. Furthermore, evidence indicated that Mr Callangan had otherwise complied with his visa conditions and had made significant efforts to find new employment, including securing a sponsorship offer for a Subclass 482 visa.

Consequently, the Tribunal concluded that the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel Mr Callangan's Subclass 457 visa.