Harjeet (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr. Harjeet's Subclass 457 (Temporary Work (Skilled)) visa. The dispute arose because Mr. Harjeet had ceased working for his sponsoring employer for over a year and had not informed the authorities of alleged mistreatment by his sponsor. Furthermore, there was no evidence of another nomination for a visa being approved.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) were met, specifically whether Mr. Harjeet had complied with a condition of his visa. This condition required him to commence work with his sponsor within 90 days of the visa grant. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that Mr. Harjeet's visa was granted on 10 May 2016, and he failed to commence working for his sponsor after this date, despite his claims to the contrary. The evidence, including SMS messages, indicated he was seeking employment from his sponsor in May 2016. The Tribunal was satisfied that the ground for cancellation under s 116(1)(b) was established. In exercising its discretion, the Tribunal noted that Mr. Harjeet's purpose in Australia was to work and that he had not worked for his sponsor for over a year. While Mr. Harjeet claimed hardship, the Tribunal gave this little weight given his circumstances. Crucially, Mr. Harjeet had not reported the alleged mistreatment to Australian authorities and did not know he was required to inform the Department of Immigration if he ceased working for his sponsor. He also failed to provide evidence of any subsequent approved visa nominations.

Consequently, the Tribunal affirmed the decision to cancel Mr. Harjeet's Subclass 457 visa.