Rani (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a Subclass 457 (Temporary Work (Skilled)) visa held by the applicant, Rani. The core of the disagreement revolved around whether the applicant's duties as a Café and Restaurant Manager corresponded to the nominated occupation for which the visa was granted.

The Tribunal was required to determine if the ground for cancellation under section 116(1)(b) of the *Migration Act 1958* (Cth) was established. This section permits the Minister to cancel a visa if the Minister is satisfied that the visa holder has, whether before or after the grant of the visa, been a risk to the Australian community, or if the Minister is satisfied that the visa holder has been a risk to the security of Australia. However, the provided text focuses on the Tribunal's assessment of the applicant's duties in relation to their nominated occupation, suggesting the cancellation was likely based on a failure to meet visa conditions related to the nominated occupation, rather than the broader grounds of risk to the community or security.

The Tribunal found that the applicant's actual duties did not correspond to the nominated occupation. Despite this finding, the Tribunal concluded that the specific ground for cancellation under s.116(1)(b) was not satisfied. Consequently, the power to cancel the applicant's visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel Rani's Subclass 457 visa. The Tribunal also noted that it had no jurisdiction with respect to the other applicants.