Gu (Migration)

This matter concerned the review of a decision to cancel the Subclass 457 (Temporary Work (Skilled)) visa held by the applicant. The applicant had been granted the visa based on sponsorship by Golden Vision Food and Beverage Services Pty Ltd. The dispute arose when departmental records indicated the applicant had ceased employment with the sponsor, potentially breaching visa condition 8107. The Tribunal was tasked with determining whether the grounds for cancellation existed and, if so, whether the visa should be cancelled.

The primary legal issue before the Tribunal was whether the applicant had breached visa condition 8107, which requires a Subclass 457 visa holder who ceases employment to not remain unemployed for more than 90 consecutive days. The Tribunal also had to consider whether, having found a breach, there were sufficient reasons to exercise the discretion not to cancel the visa, taking into account all relevant circumstances. The Tribunal was required to ensure that the applicant had been provided with adequate notice of the intention to cancel the visa and an opportunity to respond.

The Tribunal found that the applicant had indeed ceased employment with the sponsoring company on 26 April 2017, the same date the company was placed into liquidation. This cessation of employment meant the applicant had breached condition 8107(3)(b) of his visa, as he had not been employed for more than 90 consecutive days. The Tribunal was satisfied that the applicant had been properly notified of the intention to cancel his visa and had been given an opportunity to provide reasons why it should not be cancelled. After considering all relevant circumstances, the Tribunal concluded that the reasons for cancelling the visa outweighed any reasons for not doing so.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa. The Tribunal noted it had no jurisdiction concerning a second named applicant.