Latif (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 457 (Temporary Work (Skilled)) visa held by the applicant, Mr. Latif. The dispute arose from the cancellation of his visa and the subsequent barring of his sponsor, GARAJ PTY LTD, from sponsoring for three years. The applicant contended that the circumstances leading to the cancellation were not his fault and presented personal circumstances, including family support obligations in Pakistan and his current employment as a taxi driver, as reasons why his visa should not be cancelled.

The Tribunal was required to determine whether a ground for cancellation existed under section 116(1)(g) of the Migration Act 1958 (Cth) and, if so, whether to exercise its discretion to cancel the visa. The specific ground for cancellation relied upon was regulation 2.43(1)(l)(iv) of the Migration Regulations 1994, which relates to the cancellation of a sponsor's approval. The Tribunal also had to consider the applicant's submissions regarding his personal circumstances and the purpose of his visa in deciding whether to affirm the cancellation.

The Tribunal found that the cancellation ground under section 116(1)(g) was established because the applicant's sponsor, GARAJ PTY LTD, had its approval as a standard business sponsor cancelled and was barred from sponsoring for three years. This event triggered the prescribed ground for visa cancellation under regulation 2.43(1)(l)(iv). While acknowledging that this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. The Tribunal gave substantial weight to the fact that the applicant no longer worked as a Cook, which was the nominated occupation for his visa, and that he had not secured another sponsor within the 60-day period allowed under visa condition 8107(3)(b) after ceasing employment. Although the Tribunal accepted that the sponsor's cancellation was not the applicant's fault, the cessation of the nominated employment and the failure to secure a new sponsor weighed heavily in favour of cancellation.

The Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa.