Filippidis (Migration)

This matter concerned an appeal by the applicant, Mr Filippidis, against the decision of the Department of Immigration and Border Protection to cancel his Subclass 457 (Temporary Work (Skilled)) visa. The applicant had ceased employment with his sponsoring employer, Hospitality Furniture, in April 2015 due to stress and mental health issues. He subsequently attempted to secure new employment and sponsorship for a 457 visa, or a similar visa, but these attempts were unsuccessful. The applicant sought to have the cancellation decision set aside, citing hardship if he were required to return to Greece, including separation from his Australian partner, Bayatly.

The primary legal issues before the Tribunal were whether the applicant's reasons for wishing to remain in Australia were consistent with the purpose of a 457 visa, the weight to be given to the applicant's claimed hardship, and the veracity of uncorroborated allegations of fraud made against the applicant concerning his use of an Australian Business Number. The Tribunal also considered the applicant's compliance with visa conditions and his cooperation with the Department.

The Tribunal reasoned that the applicant's stated reasons for wishing to remain in Australia, such as exploring business opportunities, living with his partner, and seeking new employment and sponsorship, were not consistent with the limited duration and specific purpose of a 457 visa, which is to work for a nominated sponsor. While acknowledging the applicant's mental health issues at the time of his resignation and accepting that he would experience some hardship if required to return to Greece, the Tribunal found this hardship to be limited, particularly given his relatively short period of lawful status in Australia and the fact that his 457 visa was always intended to be temporary. The Tribunal also found the allegations of fraud against the applicant to be unsubstantiated and disregarded them entirely for the purpose of the review, noting that the Department had not investigated these claims. Despite weighing some factors in the applicant's favour, the Tribunal concluded that the purpose of his 457 visa had expired and that the correct and preferable exercise of discretion favoured affirming the decision to cancel his visa.

The Tribunal affirmed the decision to cancel the applicant's Subclass 457 (Temporary Work (Skilled)) visa.