Rahman (Migration)

This matter concerned an appeal by Ms. Rahman against the cancellation of her subclass 457 (Temporary Work (Skilled)) visa. The visa was cancelled due to a breach of condition 8107, specifically because her employer was not an approved standard business sponsor. Ms. Rahman argued that the circumstances leading to the breach were beyond her control and that she had continued to work in her field and pursue employment opportunities in Australia. The decision was made by the Tribunal.

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether to exercise its discretion to cancel the visa. The Tribunal also considered the applicant's submissions regarding her purpose of stay, her efforts to comply with visa conditions, and the potential hardship cancellation would cause.

The Tribunal found that the ground for cancellation existed but that cancellation was not mandatory. In exercising its discretion, the Tribunal had regard to the applicant's submissions, including her intention to work as a taxation accountant and her efforts to secure permanent residency. Crucially, the Tribunal accepted that the circumstances leading to the breach of condition 8107 were beyond Ms. Rahman's control and that she had made genuine efforts to comply with her visa conditions. The Tribunal also noted that Ms. Rahman had since secured a new sponsorship and visa to continue working as a taxation accountant, demonstrating her ability to secure employment in her chosen field.

The Tribunal concluded that the mitigating circumstances, including the applicant's lack of deliberate non-compliance and the fact that the circumstances were beyond her control, weighed in favour of not cancelling her visa. Consequently, the decision under review was set aside.