Mcmahon (Migration)

This matter concerned an application by the applicant, Ms. McMahon, to review a decision by the Department of Home Affairs to cancel her Temporary Skill Shortage (Class GK) visa, Subclass 482. The applicant had ceased employment with her sponsoring employer more than 60 days prior to the review, and a subsequent nomination application for a new employer was refused. The applicant alleged workplace bullying by her former employer.

The primary legal issue before the Tribunal was whether the applicant's Subclass 482 visa should be cancelled, considering the grounds for cancellation and the exercise of discretion. Specifically, the Tribunal had to determine if the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was met, and if so, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the ground for cancellation under s 116(1)(b) was satisfied because the applicant had ceased employment with her sponsor and had not secured new employment with an approved sponsor within a reasonable timeframe. While acknowledging the applicant's submissions regarding workplace bullying and the resulting stress and anxiety, which the Tribunal accepted as appalling behaviour, it found that these matters did not outweigh the reasons for cancellation. The Tribunal considered the applicant's purpose for being in Australia and concluded that it was no longer aligned with the purpose for which the visa was granted. Furthermore, the Tribunal was satisfied that cancelling the visa would not breach Australia's international obligations.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 482 visa. The Tribunal noted it had no jurisdiction concerning a second applicant.