Grewal (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 187 (Regional Sponsored Migration Scheme) visa held by the applicant, Mr. Grewal. The dispute arose from the applicant's failure to commence employment with the nominating company within the prescribed timeframe, leading to the Minister's decision to cancel the visa. The applicant contended that the nominator had made threats and demands for money, preventing him from commencing employment.

The Tribunal was required to determine whether the ground for cancellation existed, specifically whether the applicant had failed to commence the nominated employment within six months of arriving in Australia and whether he had made a genuine effort to commence that employment. The applicant's visa was granted on 16 October 2018, and he arrived in Australia on 1 November 2018, meaning he was required to commence employment by 1 May 2019. The applicant claimed that the nominator refused to provide employment and subsequently demanded $40,000, threatening to have his permanent residency cancelled.

In reaching its decision, the Tribunal considered the applicant's claims of extortion and the nominator's counter-claim that the business location had moved and the applicant had been invited to commence employment but failed to do so. The Tribunal noted the lack of evidence supporting the applicant's claims of extortion, such as any approach to the police, migration agent, or the Department regarding these threats. Furthermore, there was no evidence of the applicant moving to the regional location as required. While acknowledging the applicant's length of residence and current part-time employment, the Tribunal found no strong community ties.

The Tribunal affirmed the decision to cancel the applicant's Subclass 187 visa.