Danso (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Temporary Business Entry (Class UC) visa, Subclass 457. The applicant had ceased employment with his sponsoring employer, Epoca Environmental P/L, and subsequently worked for other entities in his nominated occupation as a Driller, before eventually being re-employed by his original sponsor.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, specifically whether the applicant had breached condition 8107(3)(b) of his visa by ceasing employment with his sponsor for a period exceeding 90 consecutive days. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant had indeed breached condition 8107(3)(b) by ceasing employment with his sponsor for more than 90 days. However, the Tribunal noted that this ground did not mandate cancellation. In exercising its discretion, the Tribunal had regard to the applicant's circumstances, including his initial purpose for entering Australia, his subsequent employment with other companies in his nominated occupation, and his intention to remain in Australia as a dependent spouse. Crucially, the Tribunal considered that the applicant had travelled to and resided in Australia for the purposes for which his visa was granted, and that he had eventually re-engaged with his original sponsor.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.