Dhanoa (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Dhanoa, an Indian citizen who held a Subclass 457 (Temporary Work (Skilled)) visa. The dispute concerned the cancellation of this visa by the Department of Home Affairs. Mr. Dhanoa had ceased employment with his sponsoring employer for a period exceeding 90 consecutive days, which constituted a breach of a visa condition. He subsequently applied to the AAT for a review of the cancellation decision.

The primary legal issue before the Tribunal was whether the decision to cancel Mr. Dhanoa's Subclass 457 visa should be affirmed. This involved determining if the ground for cancellation under section 116(1)(b) of the *Migration Act 1958* (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal also had to consider the applicant's circumstances, including his history in Australia, his educational qualifications, and his efforts to secure alternative sponsorship for a visa.

The Tribunal found that Mr. Dhanoa had indeed breached condition 8107(3)(b) of his 457 visa by ceasing employment for more than 90 consecutive days. While this ground did not mandate cancellation, the Tribunal proceeded to consider its discretionary power. It noted that Mr. Dhanoa had arrived in Australia in 2008 and had held various visas, including a student visa and a temporary graduate visa, before being granted the 457 visa. The Tribunal acknowledged his explanation for ceasing employment, which involved a business vandalism and a mistaken belief about the duration of the closure. However, it also noted that he had not worked for his original sponsoring employer since February 2016 and had subsequently worked in other roles. Crucially, despite the time elapsed, there was no evidence of an approved nomination for a Regional Sponsored Migration Scheme (RSMS) visa, which Mr. Dhanoa had indicated he was pursuing. The Tribunal concluded that it was not inclined to delay its decision to allow him to pursue this further.

Consequently, the Tribunal affirmed the decision to cancel Mr. Dhanoa's Subclass 457 visa. The Tribunal stated it had no jurisdiction with respect to any other applicants.