Pepermans (Migration)

This matter concerned an appeal by Mr. Pepermans against the cancellation of his Subclass 457 (Temporary Work (Skilled)) visa. The visa was cancelled on the grounds that he had ceased employment with his sponsoring employer, Anthea Street Investments Pty Ltd, for more than 90 consecutive days, thereby breaching a condition of his visa. Mr. Pepermans contended that the ground for cancellation did not exist because he had accepted a new employment offer within the 90-day period, but departmental delays in processing the new nomination prevented him from commencing employment within the stipulated timeframe. The Tribunal, presided over by Karen Synon, was required to determine whether the ground for cancellation was made out and, if so, whether to exercise its discretion to affirm the cancellation.

The Tribunal was required to consider whether Mr. Pepermans had complied with condition 8107(3)(b) of his visa, which stipulated that the period of cessation of employment must not exceed 90 consecutive days. The Tribunal found that Mr. Pepermans ceased employment on 15 April 2016 and that the Department of Immigration and Border Protection (DIBP) issued a Notice of Intention to Consider Cancellation on 13 December 2016. While Mr. Pepermans argued that departmental delays in processing a new nomination by Alpha Cleaning Supplies Pty Ltd caused him to exceed the 90-day period, the Tribunal noted that neither of the two nominations lodged by Alpha Cleaning Supplies was approved.

In its reasoning, the Tribunal concluded that the ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) was established, as Mr. Pepermans had indeed ceased employment for longer than 90 days. The Tribunal then considered its discretion to affirm the cancellation. Despite submissions regarding Mr. Pepermans' family ties in Australia, his purchase of a home, and his assertion that departmental delays were the sole cause of the breach, the Tribunal found that no approved nomination had been made in his favour since his visa was cancelled. Consequently, the Tribunal affirmed the decision to cancel Mr. Pepermans' visa.