Mols de Castro (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), held by Mr. Mols de Castro. The dispute arose after the applicant's original sponsor, EBAY AUSTRALIA AND NEW ZEALAND Pty Ltd, notified the Department of Home Affairs that Mr. de Castro was no longer employed as a Public Relations Professional. This cessation of employment constituted a ground for visa cancellation under section 116(1)(b) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(b) was established and, if so, whether to exercise its discretion to cancel the visa. The applicant had lodged a new nomination with EVENT HOSPITALITY Pty Ltd, which was ultimately refused by the Department. The Tribunal had to assess the circumstances surrounding the applicant's employment status and the potential for him to continue lawfully working in Australia.

In its reasoning, the Tribunal acknowledged that the ground for cancellation under s.116(1)(b) was satisfied due to the applicant ceasing employment with his original sponsor. However, the Tribunal then proceeded to consider the exercise of its discretion regarding cancellation. It had regard to the applicant's circumstances, including the pending nomination with a new employer and the evidence presented by that employer, Yaakov Gordon, who testified to the applicant's crucial role in the eventing industry. Despite the Department's earlier refusal of the nomination, the Tribunal considered the employer's assertion of the applicant's necessity and the company's established nature, as well as the applicant's stated need to remain in Australia.

The Tribunal set aside the decision under review, which had cancelled the visa. This outcome indicates that the Tribunal, in exercising its discretion, found sufficient reasons not to cancel Mr. de Castro's visa, likely due to the compelling circumstances presented regarding his potential future employment and his need to remain in Australia.