Mohamad Anwar (Migration)

This matter concerned the cancellation of a Subclass 457 (Temporary Work (Skilled)) visa granted to Mr Mohamad Anwar, a medical practitioner. The cancellation was initiated by the Minister under section 116(1)(b) of the *Migration Act 1958* (Cth) on the grounds that Mr Anwar had ceased to hold the mandatory registration required to practice medicine in Australia and had been removed from the public register. Mr Anwar's wife and four children were also granted visas as his family members. The Tribunal was asked to determine whether the power to cancel the visa should be exercised.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the *Migration Act 1958* was established, and if so, whether the discretion to cancel the visa should be exercised. This involved assessing whether Mr Anwar had complied with condition 8107(3)(c)(i) of his visa, which mandated that he hold the necessary registration to perform his nominated occupation. The Tribunal also considered various factors relevant to the exercise of discretion, including the extent of compliance with visa conditions, the degree of hardship to Mr Anwar and his family, the legal consequences of cancellation, Mr Anwar's behaviour towards the Department, the circumstances leading to the ground for cancellation, and the purpose of his travel and stay in Australia.

The Tribunal found that the ground for cancellation was established because Mr Anwar had indeed ceased to hold registration as a medical practitioner in Australia on 14 October 2016, thereby failing to comply with visa condition 8107(3)(c)(i). In considering the exercise of discretion, the Tribunal noted that Mr Anwar's inability to practice medicine meant he was no longer in Australia for the original purpose of his visa. While acknowledging the hardship Mr Anwar claimed, the Tribunal rejected his assertions that he was likely to regain registration or remain in Australia under a new position, finding no evidence of an approved or pending nomination for alternative employment. The Tribunal also considered that the circumstances leading to the ground for cancellation were not entirely beyond Mr Anwar's control, as the Department's guidelines suggest a visa should not be cancelled if the circumstances were beyond the visa holder's control.

Ultimately, the Tribunal affirmed the decision to cancel Mr Mohamad Anwar's Subclass 457 visa. The Tribunal stated it had no jurisdiction with respect to the other applicants, who were family members.