Kalra (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 457 (Temporary Work (Skilled)) visa held by the applicant, Mr. Kalra. The dispute arose because Mr. Kalra ceased employment with his sponsor for more than 60 consecutive days, which constituted a breach of condition 8107 of his visa. The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the ground for cancellation was established as Mr. Kalra had breached visa condition 8107 by ceasing employment for a period exceeding 60 days. The applicant had been sponsored by Wandering Star Investments Pty Ltd to work as a Cook and was granted a Subclass 457 visa in July 2017. He ceased employment with the sponsor in July 2017, and a subsequent nomination application by a new sponsor was withdrawn. Despite the applicant's submissions regarding the reasons for ceasing employment, including his position being made redundant due to financial difficulties and interpersonal issues with the Head Chef, the Tribunal concluded that the breach of the visa condition had occurred.

In exercising its discretion, the Tribunal considered the applicant's history, including previous visa refusals and his efforts to secure sponsorship. However, having found that the ground for cancellation was made out, and noting that mandatory cancellation was not required under section 116(3), the Tribunal weighed all relevant circumstances. Ultimately, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel Mr. Kalra's visa.