Huang (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Temporary Skill Shortage (Class GK) visa, subclass 482, held by Mr. Huang. The cancellation was based on allegations that Mr. Huang had not complied with condition 8607(1) of his visa, which required him to work only in the nominated occupation of Supply and Distribution Manager. The employer, SUCCESS LOGISTICS AUSTRALIA PTY LTD, had nominated Mr. Huang for this occupation.

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) was made out. Specifically, the Tribunal had to assess whether Mr. Huang had indeed worked only in his nominated occupation, as stipulated by visa condition 8607(1) and the employer's sponsorship obligations under regulation 2.89 of the Migration Regulations 1994. The Australian Border Force's investigation, which led to the cancellation decision, raised concerns including Mr. Huang not appearing on employer staff lists, lacking access to a critical area of the depot, and admitting to working part-time in a warehouse role for a different company, AGL LOGISTICS PTY LTD, on multiple occasions.

The Tribunal found that the evidence did not satisfy it that the ground for cancellation existed. While the investigation noted Mr. Huang's presence at AGL LOGISTICS PTY LTD and his statement about working there, it did not establish that this work was in contravention of his visa condition. The Tribunal was not satisfied that Mr. Huang had failed to work solely in his nominated occupation. Consequently, the power to cancel his visa did not arise.

The Tribunal set aside the decision to cancel Mr. Huang's visa and substituted a decision not to cancel it. The Tribunal noted it had no jurisdiction concerning any other applicants.