PATEL (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Patel, who sought review of the decision to cancel her Subclass 457 (Temporary Work (Skilled)) visa. The cancellation was based on the ground that her standard business sponsor was subject to a sponsorship bar, meaning the purpose for which the visa was granted no longer existed. The Tribunal was required to determine whether this ground for cancellation was established and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal's reasoning involved a detailed examination of the applicant's circumstances and evidence. It noted that the applicant had been in Australia since 2008, undertaking various studies and holding previous visas before being granted a Subclass 457 visa in 2013, followed by the visa in question. The Tribunal considered evidence regarding the applicant's employment history, the financial performance of the sponsoring business, and the applicant's statements to the Department concerning client numbers and work hours. Significant attention was given to inconsistencies in the applicant's statements, particularly regarding the number of clients seen per day versus per week, and whether she had a prospective employer lined up after her sponsor's business closed. The Tribunal found that the sponsor had provided false or misleading information to the Department, leading to the sponsorship bar. Despite the applicant's submissions regarding hardship, including the impact on her daughter, the Tribunal concluded that the grounds for cancellation outweighed the degree of hardship.

Ultimately, the Tribunal affirmed the decision to cancel Ms. Patel's Subclass 457 visa. The Tribunal found that the ground for cancellation existed and that the discretion to cancel the visa should be exercised. The Tribunal also noted that it had no jurisdiction to review consequential cancellations related to other applicants.