PATEL (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 187 Regional Sponsored Migration Scheme visa of Mr. Patel. The cancellation was based on the delegate's conclusion that Mr. Patel did not genuinely engage in employment with the nominated employer, R & C Brothers Pty Ltd, for the required two-year period in a regional area. The Tribunal was tasked with determining whether the ground for cancellation was made out and, if so, whether the visa should be cancelled considering all relevant circumstances.

The Tribunal considered the applicant's evidence regarding his acquisition of the business, Just 4 Gossip Café, and his subsequent employment as Café/Restaurant Manager. The applicant explained that he established R & C Brothers Pty Ltd to purchase the business and was granted the visa based on this nomination. He also provided evidence regarding the ownership structure of the company and the circumstances surrounding the termination of his employment and sale of his shares, which occurred shortly after the visa grant. The Tribunal also noted the existence of an Australian citizen child.

The Tribunal concluded that while the applicant's conduct regarding the ownership structure and the cessation of his employment might warrant scrutiny, the discretionary factors, particularly concerning his Australian citizen son, vitiated the visa cancellation decision. The Tribunal emphasized that any future dubious behaviour by the applicant could jeopardise his immigration status. Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Patel's Subclass 187 visa.