Rani (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel Ms Seema Rani's Subclass 457 (Temporary Work (Skilled)) visa. The cancellation was based on the applicant's failure to comply with condition 8107(3)(b) of her visa, which requires that if a visa holder ceases employment, they must not remain unemployed for more than 60 consecutive days. The applicant had ceased employment with her sponsor, Resource Corner Pty Ltd, on 11 March 2018, and had not resumed sponsored employment within the stipulated timeframe.

The primary legal issues before the Tribunal were whether the ground for cancellation under s.116(1)(b) of the Migration Act 1958 was established, and if so, whether the discretion to cancel the visa should be exercised. The applicant contended that she was unfairly dismissed and that her cessation of employment was due to medical conditions requiring her to return to India for treatment, for which she was granted unpaid leave. The Tribunal was required to assess the veracity of these claims and consider the applicant's overall circumstances in determining whether to affirm the delegate's decision.

The Tribunal found that the ground for cancellation under s.116(1)(b) was made out, accepting that the applicant had ceased sponsored employment for a period exceeding 60 days. While acknowledging the applicant's medical conditions, the Tribunal noted that she had not been in sponsored employment for approximately 16 months since March 2018. The Tribunal considered this a significant period, during which the applicant had ample opportunity to seek alternative employment or pursue other visa options. Applying the principle that decision-makers are to attribute such weight to relevant information as they see fit, the Tribunal concluded that it was inconsistent with the purpose of a Subclass 457 visa to allow the applicant to remain in Australia to search for work, particularly as she had not secured a current approved nomination with an approved sponsor.

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