Noel Da Silva (Migration)

This matter concerned an appeal by Noel Da Silva against the decision of the Tribunal to affirm the cancellation of her Subclass 457 (Temporary Work (Skilled)) visa. The dispute arose because the applicant's employer, Excel Render Pty Ltd, had its sponsorship barred or cancelled under section 140M of the *Migration Act 1958* (Cth). The applicant had resided in Australia for approximately 10 years.

The primary legal issue before the Tribunal was whether the grounds for cancellation under section 116(1)(g) of the *Migration Act 1958* (Cth) were made out, and if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to determine if the prescribed ground for cancellation under regulation 2.43(1)(iv) of the *Migration Regulations 1994* applied, given the employer's sponsorship bar.

The Tribunal reasoned that the ground for cancellation was established because the applicant's sponsor, Excel Render Pty Ltd, had its sponsorship cancelled or barred, and no new sponsorship agreement had been approved. While this ground did not mandate cancellation under section 116(3), the Tribunal proceeded to consider the exercise of its discretion. In doing so, it had regard to relevant circumstances, including departmental guidelines and submissions made by the applicant. The Tribunal noted that the Subclass 457 visa was granted for the sole purpose of working for an approved sponsor and did not guarantee a pathway to permanent residency. Despite the applicant's 10-year residence and established life in Australia, the Tribunal concluded that, considering all circumstances, the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa.