Kaur (Migration)

This matter concerned the review of a decision by the Minister to cancel the first named applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant had ceased employment with their sponsor and failed to provide a response to a letter issued under section 359A of the Migration Act 1958 (Cth), which meant they were not entitled to appear before the Tribunal. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered whether the ground for cancellation under section 116(1)(b) of the Act was made out, specifically the breach of visa condition 8107(3)(b) which requires a visa holder who ceases employment to secure alternative sponsorship within 60 consecutive days. The Tribunal found that the applicant had ceased employment and provided no evidence of securing alternative employment or sponsorship, thus satisfying the ground for cancellation. The Tribunal then considered its discretion to cancel the visa, taking into account the purpose of the 457 visa, which is to work for an approved sponsor in a nominated occupation.

The Tribunal reasoned that the applicant's failure to secure alternative sponsorship meant the purpose for which the visa was granted had ended. Furthermore, the applicant's failure to respond to the invitation to comment on the cancellation and the lack of evidence regarding any hardship weighed in favour of exercising the discretion to cancel the visa. The Tribunal concluded that, considering all circumstances, the visa should be cancelled.

The Tribunal affirmed the decision to cancel the first named applicant's visa. The Tribunal noted it had no jurisdiction with respect to the other applicants.