Mohd (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's subclass 457 (Temporary Work (Skilled)) visa. The applicant had been granted the visa in November 2014, valid until November 2018, based on a nomination for the occupation of Cook by RSG ABC Pty Ltd. The Department of Home Affairs initiated cancellation proceedings in August 2018, alleging a breach of visa condition 8107(3)(b) due to the applicant ceasing employment with the sponsor for more than 90 consecutive days, commencing in September 2017.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, specifically whether the applicant had complied with condition 8107(3)(b) of his visa. This condition mandates that if a holder of a subclass 457 visa ceases employment with their sponsor, the period of cessation must not exceed 90 consecutive days. The Tribunal also had to consider whether, if the ground for cancellation was made out, the visa should be cancelled, taking into account all relevant circumstances.

The Tribunal found that the applicant had indeed ceased employment with his sponsor for a period exceeding 90 consecutive days, thus establishing the ground for cancellation under section 116(1)(b). While the applicant provided a response detailing his personal circumstances, including a workplace dispute, his subsequent enrollment in further study, and his intention to return to India, the Tribunal noted that the cancelled visa would have already expired by the time of the decision. Despite the applicant's stated intentions and efforts to find new employment, the Tribunal concluded that the visa should be cancelled.

Consequently, the Tribunal affirmed the decision to cancel the applicant's subclass 457 visa. The Tribunal noted that it had no jurisdiction concerning any other applicants.