Lavin Pinto (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving the cancellation of a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant, Mr. Lavin Pinto, sought review of the Minister's decision to cancel his visa. The ground for cancellation was that Mr. Pinto had not commenced the employment referred to in his employer nomination within the prescribed period, and had not satisfied the Minister that he had made a genuine effort to commence that employment.

The Tribunal was required to determine whether the ground for cancellation existed, specifically whether Mr. Pinto had failed to commence his nominated employment within the relevant timeframe and, if so, whether he had made a genuine effort to do so. The relevant period for commencing employment was within two years of the visa grant on 27 February 2018.

The Tribunal reasoned that while Mr. Pinto had not commenced his nominated employment within the prescribed period, he had provided evidence of making a genuine effort to do so. This evidence included taking approved leave, including leave without pay, due to significant mental and physical health issues stemming from alleged workplace bullying. Mr. Pinto had sought professional medical and legal advice both in Australia and overseas, and had maintained regular written contact with his sponsoring employer regarding his health status and plans for return to work. The Tribunal found that these actions demonstrated a commitment to commencing his employment, despite the circumstances beyond his control.

Consequently, the Tribunal was not satisfied that the ground for cancellation under section 137Q of the Migration Act 1958 existed. The Tribunal set aside the decision to cancel Mr. Pinto's visa and substituted a decision not to cancel it.