Kaur (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant was sponsored by Direction Employment & Training Ltd to work as a Customer Service Manager, subject to visa condition 8107, which required her to work only in the nominated occupation. The Department of Immigration and Border Protection initiated monitoring of the sponsor, and an interview with the applicant revealed duties that did not align with the nominated occupation, suggesting a breach of condition 8107. The applicant was subsequently issued a notice of intention to consider cancellation.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to assess the applicant's compliance with her visa conditions, particularly condition 8107, and consider all relevant circumstances in determining whether to affirm the cancellation decision.

The Tribunal found that the applicant had not complied with condition 8107, as her duties did not match the nominated occupation of Customer Service Manager. While the applicant argued that she had complied with her conditions prior to her employment ceasing and that cancellation would disrupt her family's settlement in Australia, the Tribunal was not persuaded. It noted that the applicant was not currently employed in her nominated occupation and was instead packing bananas. The Tribunal concluded that the applicant's primary purpose for travel to Australia appeared to be family settlement rather than employment in the nominated role. Despite acknowledging the potential impact on the applicant's family, including her husband and children who also had their visas cancelled, the Tribunal found no persuasive evidence that Australia would breach any international obligations by affirming the cancellation.

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