Kamaldeep Singh (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr Kamaldeep Singh's Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The dispute arose from the applicant ceasing employment with his sponsor, which potentially breached a condition of his visa. The applicant sought to have the cancellation decision set aside, arguing that he left his employment due to underpayment of wages and excessive working hours, and that he experienced mental health issues.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the *Migration Act 1958* (Cth) was made out, specifically whether the applicant complied with the condition of his visa that he must not cease employment with his sponsor for more than 90 consecutive days. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant did cease employment with his sponsor on 22 May 2018, and had not been in sponsored employment with an approved sponsor for approximately 14 months. While acknowledging the applicant's allegations of exploitation and his mental health issues, the Tribunal noted that the applicant had not secured alternative sponsorship and had been working as a taxi driver, which was inconsistent with the purpose of a Subclass 457 visa. The Tribunal applied the principle that decision-makers are entitled to attribute such weight to evidence as they see fit, and concluded that the applicant had ample time to seek alternative sponsored employment or pursue other visa options.

Ultimately, the Tribunal affirmed the decision to cancel Mr Singh's Subclass 457 visa. The Tribunal stated it had no jurisdiction with respect to the second named applicant, Ms Kushdeep Kaur.