Huang (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 457 (Temporary Work (Skilled)) visa held by Mr. Huang. The dispute arose because Mr. Huang ceased employment with his sponsoring employer for more than 60 days, a breach of his visa conditions. The Tribunal was tasked with determining whether the ground for cancellation existed and, if so, whether to exercise its discretion to affirm the cancellation decision.

The primary legal issue was whether Mr. Huang had complied with the conditions of his Subclass 457 visa, specifically condition 8107(3)(b), which mandates that a visa holder must not cease employment for more than 60 days without securing a new sponsoring employer. The Tribunal also had to consider the exercise of discretion regarding the cancellation, taking into account all relevant circumstances, including government policy and the applicant's personal situation.

The Tribunal found that the ground for cancellation was established because Mr. Huang had ceased employment with his sponsoring employer, Rock Build Developments Pty Ltd, effective 19 January 2018, and had not commenced work at all since his arrival in Australia in May 2017. This clearly exceeded the 60-day limit stipulated by condition 8107(3)(b). In exercising its discretion, the Tribunal weighed various factors, including the significant sum paid by Mr. Huang to a migration agent in China, his failure to undertake due diligence regarding the job offer or the agent, and the fact that he and his family had sold their property in China. While acknowledging the potential hardship to Mr. Huang and his family, the Tribunal concluded that these factors did not outweigh the non-compliance with visa conditions. The Tribunal also noted that the children, aged 13 and 11, should be able to re-adapt to the Chinese education system and life in China.

The Tribunal affirmed the decision to cancel Mr. Huang's Subclass 457 visa. The Tribunal stated it had no jurisdiction concerning the secondary visa applicants.