He (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Temporary Skill Shortage (Class GK) visa, Subclass 482, was subject to cancellation. The dispute arose because the applicant had ceased employment with their sponsoring employer, a ground for visa cancellation under section 116(1)(b) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(b) existed and, if so, whether to exercise its discretion to cancel the applicant's visa. The applicant had sought to remain in Australia, citing personal circumstances including a car accident during his studies, the birth of his two infant children in Australia, and his desire to remain permanently and find new sponsorship.

In its reasoning, the Tribunal acknowledged the applicant's personal circumstances, including his long period of residence in Australia, his family ties, and his unsuccessful attempts to secure new employment sponsorship. However, the Tribunal found that the applicant's current purpose of remaining in Australia to search for new work was inconsistent with the intended purpose of a Subclass 482 visa, which is to work for an approved employer. The Tribunal noted that the applicant had not secured a new nomination within the permitted 60-day period after ceasing employment.

The Tribunal was satisfied that the ground for cancellation existed and, after considering the applicant's circumstances and the purpose of the visa, exercised its discretion to affirm the decision to cancel the applicant's visa.