Ocampo (Migration)

The Administrative Appeals Tribunal considered the case of Ms Ocampo, who sought review of the cancellation of her Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The visa was cancelled on the grounds that Ms Ocampo had ceased employment with her sponsoring employer and had failed to secure a new sponsor. Ms Ocampo alleged that her employer had made her redundant, falsely accused her of credit card fraud, and made death threats against her.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the *Migration Act 1958* (Cth) existed, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to consider the applicant's circumstances, including her immigration history, her efforts to find new employment, and the reasons for her failure to secure a new sponsor.

The Tribunal found that the ground for cancellation under s 116(1)(b) was established because Ms Ocampo had ceased employment and had not secured a new sponsor. In exercising its discretion, the Tribunal had regard to the purpose of the 457 visa, which is to fill skilled shortages in Australia. Ms Ocampo's inability to secure a new nomination indicated she was not fulfilling the visa's purpose. While acknowledging Ms Ocampo's allegations of threats and false accusations by her former employer, the Tribunal noted her failure to report these to the police and her stated fear for her life. The Tribunal also considered Ms Ocampo's desire to remain in Australia due to superior work opportunities compared to her home country.

Ultimately, the Tribunal affirmed the decision to cancel Ms Ocampo's Subclass 457 visa, concluding that, on the totality of the circumstances, the visa should be cancelled.