Lei (Migration)
Case
•
[2021] AATA 4451
•1 November 2021
Details
AGLC
Case
Decision Date
Lei (Migration) [2021] AATA 4451
[2021] AATA 4451
1 November 2021
CaseChat Overview and Summary
The Administrative Appeals Tribunal considered the cancellation of a Subclass 187 Regional Sponsored Migration Scheme visa held by the first applicant, Lei. The dispute arose because the applicant's employment with the regional employer terminated within two years of commencing, and the applicant did not reside near the regional employer. The Tribunal's jurisdiction was limited to the first applicant.
The primary legal issue before the Tribunal was whether the applicant had made a genuine effort to be engaged in the nominated employment for the required two-year period, despite ceasing that employment. The Tribunal also considered the circumstances surrounding the cessation of employment, including claims of family hardship.
The Tribunal affirmed the decision to cancel the visa. It concluded that, when considering the circumstances as a whole, the applicant had not met the requirements for the visa. The Tribunal found that the applicant had not made a genuine effort to be engaged in the nominated employment for the requisite duration, and the applicant's failure to reside near the regional employer was a relevant factor. The Tribunal explicitly stated it had no jurisdiction concerning the other applicants.
The primary legal issue before the Tribunal was whether the applicant had made a genuine effort to be engaged in the nominated employment for the required two-year period, despite ceasing that employment. The Tribunal also considered the circumstances surrounding the cessation of employment, including claims of family hardship.
The Tribunal affirmed the decision to cancel the visa. It concluded that, when considering the circumstances as a whole, the applicant had not met the requirements for the visa. The Tribunal found that the applicant had not made a genuine effort to be engaged in the nominated employment for the requisite duration, and the applicant's failure to reside near the regional employer was a relevant factor. The Tribunal explicitly stated it had no jurisdiction concerning the other applicants.
Details
Key Legal Topics
Areas of Law
-
Immigration
-
Administrative Law
Legal Concepts
-
Judicial Review
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Lei (Migration) [2021] AATA 4451
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0