Pingol (Migration)

This matter concerned the review of a decision by a delegate of the Minister for Home Affairs to cancel Mr Pingol's Subclass 457 (Temporary Work (Skilled)) visa under s 116 of the *Migration Act 1958* (Cth). The cancellation was based on Mr Pingol's alleged failure to comply with a condition of his visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the ground for cancellation was made out and, if so, whether the visa should be cancelled.

The primary legal issue was whether Mr Pingol had breached condition 8107(3)(b) of his visa, which stipulated that the period during which he ceased employment must not exceed 60 consecutive days. Mr Pingol admitted to resigning from his sponsoring employer on 9 December 2020 and acknowledged that his employment had ceased for more than 60 days. He argued that the COVID-19 pandemic lockdowns in Melbourne had created circumstances that necessitated his resignation and his focus on finding alternative employment to support his family, leading him to not consider his visa conditions at the time. The Tribunal accepted that the ground for cancellation existed, finding that Mr Pingol had indeed breached condition 8107(3)(b).

Having established that the ground for cancellation was made out, the Tribunal then considered whether to exercise its discretion to cancel the visa. The Tribunal weighed various factors, including the purpose of Mr Pingol's stay, his compliance with visa conditions, the potential hardship if the visa were cancelled, the circumstances leading to the breach, his conduct towards the Department, and any consequential impacts. Despite Mr Pingol's explanation regarding the impact of the pandemic and his efforts to find new employment, including difficulties with a subsequent nomination due to lockdowns, the Tribunal concluded that the reasons favouring cancellation outweighed those against it.

Consequently, the Tribunal affirmed the delegate's decision to cancel Mr Pingol's Subclass 457 visa.