Gadhvi (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 457 (Temporary Work (Skilled)) visa held by Mr. Gadhvi. The dispute arose after Mr. Gadhvi ceased employment with his sponsoring company, Narnarayan Sayona Pty Ltd, which was subsequently liquidated. This cessation of employment exceeded the 60-day limit stipulated by condition 8107 of his visa.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to assess if Mr. Gadhvi had complied with condition 8107, which mandates working only for the sponsor and not ceasing employment for more than 60 consecutive days.

The Tribunal found that while the ground for cancellation did exist due to the breach of condition 8107, the mandatory cancellation provisions did not apply. In exercising its discretion, the Tribunal considered the circumstances beyond Mr. Gadhvi's control, including the liquidation of his sponsoring company and the subsequent unsuccessful attempts to secure sponsorship with two other entities, one of which had a pending review before the Tribunal. The Tribunal also noted the applicant's efforts to support his family during this period and the distress caused by the uncertainty of his employment situation.

Consequently, the Tribunal set aside the decision to cancel Mr. Gadhvi's visa and substituted a decision not to cancel it. The Tribunal noted it had no jurisdiction concerning other applicants.