Laue (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the applicant's Subclass 482 (Temporary Skill Shortage) visa. The applicant had been sponsored by GD Pork Pty Ltd to work as a Pig Farmer. The dispute arose when the applicant ceased employment with his sponsor, which subsequently went into administration, and he was unable to secure a new approved nomination by an approved sponsor. The applicant had also been imprisoned during this period, which further complicated his employment situation.

The primary legal issue before the Tribunal was whether the delegate had correctly affirmed the decision to cancel the applicant's visa under section 116(1)(b) of the Migration Act 1958 (Cth). This required the Tribunal to determine if the applicant had breached a condition of his visa, specifically condition 8607, which mandates that the holder must work only in the nominated occupation and that any cessation of employment must not exceed 60 consecutive days. The Tribunal also had to consider whether, having found a ground for cancellation, the exercise of discretion to cancel the visa was appropriate, taking into account all relevant circumstances.

The Tribunal found that the applicant had breached condition 8607(5) by ceasing employment for a period exceeding 60 consecutive days, as he had not disputed this fact in his response to the Notice of Intention to Consider Cancellation. In exercising its discretion, the Tribunal considered the purpose of the visa, which was to work for a specific sponsor, and found that this purpose no longer existed. While acknowledging the potential hardship to the applicant, including separation from his wife and children who held their own visas, the Tribunal noted that the applicant held a temporary visa and had no expectation of permanent residency. The Tribunal concluded that the reasons for cancelling the visa outweighed the reasons for not cancelling it.

The Tribunal affirmed the delegate's decision to cancel the applicant's Subclass 482 visa.