Kaur (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 457 (Temporary Work (Skilled)) visa of the first applicant, Ms. Kaur. The dispute arose after Ms. Kaur ceased employment with her sponsoring company, Narnarayan Sayona Pty Ltd, which was subsequently deregistered. Ms. Kaur, a citizen of India, had been in Australia since 2006, initially on a student visa, and was granted the Subclass 457 visa in September 2015. Her family, including her husband and daughter, also resided in Australia, and she had a son born in Australia who held a bridging visa.

The primary legal issue before the Tribunal was whether the grounds for cancelling Ms. Kaur's visa under section 116(1)(b) of the Migration Act 1958 (Cth) were made out, and if so, whether the discretion to cancel the visa should be exercised. This ground relates to the visa holder failing to comply with a condition of their visa, specifically condition 8107(3)(b), which required Ms. Kaur not to cease employment for more than 90 consecutive days without securing a new nomination. The Tribunal also considered the applicant's submissions regarding her attempts to find a new sponsor and the circumstances of her family's presence in Australia.

The Tribunal found that Ms. Kaur did not dispute the grounds for cancellation, acknowledging that she had ceased employment for more than 90 consecutive days after her sponsor's deregistration. Despite her documented efforts to secure new nominations from various companies, including a recent application by Tamarin, these attempts were unsuccessful within the stipulated timeframe. The Tribunal noted that while the ground for cancellation under s.116(1)(b) did not mandate cancellation, it was required to consider all relevant circumstances in exercising its discretion. Having regard to the applicant's circumstances and the Department's Procedures Advice Manual, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the first applicant's Subclass 457 visa. The Tribunal also stated that it had no jurisdiction with respect to the other applicants.