Naqvi (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the cancellation of a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), held by Mr. Naqvi. The Department of Home Affairs had cancelled Mr. Naqvi's visa on the grounds that he was not working in his nominated position as a sales and marketing manager, and was instead working as the managing director of associated entities. This conduct also led to the sponsor being barred from making further applications as a standard business sponsor.

The Tribunal was required to determine whether the delegate's decision to cancel Mr. Naqvi's visa was the correct or preferable decision. This involved considering the discretion afforded to the delegate to cancel the visa and weighing the various factors for and against cancellation. The Tribunal also had to consider its jurisdiction in relation to a second applicant, whose circumstances were not detailed in the provided text.

In its reasoning, the Tribunal acknowledged Mr. Naqvi's long residence in Australia and the potential adverse effect that his departure would have on the businesses he was involved with and the workers employed by them. Despite these considerations, the Tribunal affirmed the delegate's decision to cancel the visa for the first applicant. The Tribunal found that it lacked jurisdiction to consider the case of the second applicant.