Papavanis (Migration)

The applicant, Mr. Papavanis, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the cancellation of his Subclass 457 (Temporary Work (Skilled)) visa. The cancellation was based on the applicant's employment ceasing for more than 60 days, a ground for cancellation under the *Migration Act 1958* (Cth). The applicant contended that the cessation of employment was due to the impact of the COVID-19 pandemic, that his employment had not been formally terminated, and that he was seeking further sponsored positions, experiencing financial hardship. The Administrative Appeals Tribunal had affirmed the delegate's decision to cancel the visa.

The primary legal issue before the Federal Circuit Court was whether the Tribunal had erred in law in affirming the cancellation of the applicant's visa. Specifically, the court was required to consider whether the Tribunal had failed to adequately consider the impact of the COVID-19 pandemic on the applicant's employment circumstances and whether it had properly applied the relevant provisions of the *Migration Act 1958* and the *Migration Regulations 1994* concerning the cessation of employment and the discretion to cancel a visa.

Her Honour Judge Hossen found that the Tribunal had not erred in law. The Tribunal had considered the applicant's submissions regarding the pandemic and financial hardship, but concluded that these circumstances did not provide a basis to exercise discretion against cancellation. The Tribunal correctly applied the legislative framework, which mandates cancellation upon the cessation of employment for the specified period, and the discretion to not cancel was not enlivened by the facts presented. The Tribunal's findings of fact were open to it on the evidence before it.

The application for judicial review was dismissed.