PATEL (Migration)

The Administrative Appeals Tribunal considered the cancellation of a subclass 457 (Temporary Work (Skilled)) visa held by Mr. Patel. The visa was cancelled on the grounds that Mr. Patel had ceased employment with his sponsor, and furthermore, the sponsor had ceased operations. The Tribunal was tasked with reviewing this cancellation decision.

The primary legal issue before the Tribunal was whether the delegate's decision to cancel Mr. Patel's visa was the correct and preferable decision. This involved considering whether the grounds for cancellation were established and, if so, whether the discretion to cancel the visa should have been exercised. The Tribunal also had to assess whether the purpose for which the visa was granted had ceased to exist.

In reaching its decision, the Tribunal noted that Mr. Patel had ceased employment with his sponsor, and the sponsor had ceased operations, which were valid grounds for cancellation under the *Migration Act 1958* (Cth). The Tribunal found that the purpose of Mr. Patel's stay in Australia, which was to work for his sponsor, had ceased to exist. The Tribunal also considered the lack of contact from Mr. Patel with the Department and concluded that the delegate had properly exercised their discretion in affirming the cancellation.

Consequently, the Tribunal affirmed the decision to cancel Mr. Patel's subclass 457 visa.