Heer (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 187 Regional Sponsored Migration Scheme visa held by the first named applicant, referred to as the applicant. The dispute arose from the applicant's failure to commence employment within the prescribed period after the visa was granted, due to the sponsoring business ceasing to operate. The Department of Home Affairs had cancelled the visa on the grounds that the purpose of the visa had not been fulfilled and the applicant had worked outside the approved conditions.

The Tribunal was required to determine whether the decision to cancel the applicant's visa was justified. This involved considering whether the applicant had failed to comply with the conditions of the visa, specifically the requirement to commence employment with the sponsoring employer within the stipulated timeframe. The Tribunal also had to assess whether the discretion to cancel the visa had been exercised correctly, taking into account the circumstances of the case, including the cessation of the business and the lack of notification to the Department.

In reaching its decision, the Tribunal found that the applicant had not commenced employment within the prescribed period, and the sponsoring business had ceased to operate. This failure meant that the purpose for which the visa was granted had not been fulfilled. The Tribunal considered the relevant provisions of the *Migration Act 1958* (Cth) and the Migration Regulations, and concluded that the cancellation was a valid exercise of the Department's power. The Tribunal affirmed the decision to cancel the visa. The Tribunal noted it had no jurisdiction concerning the other applicants.