Carvalho Sbeghen (Migration)

This matter concerned an application by Ms. Carvalho Sbeghen for review of a decision by the Department of Home Affairs to cancel her Temporary Skill Shortage (Class GK) visa (subclass 482). The applicant had ceased employment with her sponsoring employer and had not secured new employment or a new sponsor within the prescribed timeframe, leading to a breach of visa condition 8607(5). The Administrative Appeals Tribunal was tasked with determining whether the visa cancellation was warranted.

The Tribunal was required to consider two primary legal issues. Firstly, whether a ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed. Secondly, if such a ground was established, whether the Tribunal should exercise its discretion to cancel the visa, having regard to the circumstances of the case.

In its reasoning, the Tribunal found that the applicant had indeed failed to comply with visa condition 8607(5) by ceasing employment and not securing a new sponsor within 60 days, a non-compliance that had persisted for over a year. While acknowledging the applicant's difficult circumstances, including the impact of COVID-19 on the job market and the toxic work environment that led to her cessation of employment, the Tribunal placed significant weight on the prolonged non-compliance. The Tribunal also considered the potential hardship the applicant might face if required to return to Brazil, but ultimately determined that these factors did not outweigh the substantial non-compliance with her visa conditions.

The Tribunal affirmed the decision to cancel the applicant's visa.