Kaur (Migration)

The applicant, Ms Kaur, sought judicial review of the decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel her Subclass 187 Regional Sponsored Migration Scheme visa. The visa was granted on the basis of a nominated position as a Cook. Ms Kaur contended that she had made a genuine effort to commence the nominated employment, despite ultimately not doing so.

The primary legal issue before the Federal Circuit Court was whether the Minister’s decision to cancel Ms Kaur’s visa was affected by jurisdictional error. Specifically, the court was required to determine if the Minister had properly considered the evidence presented by Ms Kaur regarding her genuine efforts to commence employment, particularly in light of circumstances that included threats of extortion.

Her Honour Judge Hossen found that the evidence, including a payment summary and an amended tax assessment, demonstrated that Ms Kaur had made a genuine effort to commence the nominated employment. The court noted that Ms Kaur had been employed by two different employers within the relevant financial year, and that the circumstances surrounding her inability to commence the nominated position were influenced by external factors, including extortion threats. The Minister’s decision had failed to adequately consider this evidence and the surrounding circumstances.

Consequently, the court set aside the decision under review and remitted the matter to the Minister for reconsideration according to law.