Grewal (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Subclass 187 (Regional Sponsored Migration Scheme) visa held by Mr. Grewal. The Department of Home Affairs had cancelled Mr. Grewal's visa on the basis that he had not commenced employment within the prescribed period after the visa was granted, which constituted a ground for cancellation under section 137Q of the *Migration Act 1958* (Cth). Mr. Grewal sought review of this decision before the AAT.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 137Q of the *Migration Act 1958* (Cth) was established. Specifically, the Tribunal had to determine if Mr. Grewal had failed to commence employment with his sponsoring employer within the required timeframe, and if so, whether there were any mitigating circumstances that would prevent the cancellation power from arising.

The Tribunal found that while the factual circumstances indicated that Mr. Grewal had not commenced employment within the prescribed period, the exchanges between Mr. Grewal and his migration agent demonstrated a genuine effort on his part to secure that employment. The Tribunal concluded that, in light of these efforts, the relevant ground for cancellation under section 137Q did not exist. Consequently, the power to cancel Mr. Grewal's visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Grewal's Subclass 187 visa.