Kozmanyan (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding the cancellation of the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The dispute arose after the applicant ceased employment with her sponsor, leading to a potential breach of her visa conditions and subsequent cancellation by the Minister.

The primary legal issues before the Tribunal were whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised in the applicant's favour. Specifically, the Tribunal had to determine if the applicant had complied with condition 8107(3)(b) of her visa, which stipulated that she must not cease employment for more than 90 consecutive days.

The Tribunal found that the applicant had indeed ceased employment with her sponsor for more than 90 consecutive days, thereby establishing the ground for cancellation under section 116(1)(b). In considering the exercise of discretion, the Tribunal noted that while the applicant had been awarded compensation for an unfair dismissal and wished to pursue a complaint with the Fair Work Ombudsman, her stated purpose for remaining in Australia was not aligned with the original purpose of her Temporary Work visa. The Tribunal also considered the applicant's personal circumstances, including family in Armenia and Moscow, and her expressed desire to return home. After weighing all relevant factors, the Tribunal concluded that the visa should be cancelled.

Consequently, the Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa.