Ranjodh Singh (Migration)

This matter concerned an appeal by Ranjodh Singh against the cancellation of his Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The visa was cancelled by the Minister on the grounds that Mr Singh had failed to comply with a condition of his visa, specifically condition 8107(3)(b), which requires that a visa holder must not cease employment with their sponsor for more than 90 consecutive days without a subsequent approved nomination. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the ground for cancellation was established. Evidence indicated that Mr Singh ceased employment with his sponsor, Thandi Boyz Pty Ltd, in March 2018 when the business ceased operation. This period of unemployment exceeded 90 consecutive days, and there was no evidence of a subsequent approved nomination by an approved sponsor. Consequently, the Tribunal was satisfied that Mr Singh had not complied with condition 8107(3)(b) of his visa.

In considering the exercise of discretion, the Tribunal had regard to the circumstances of the case, including submissions made by Mr Singh and relevant departmental policy. The Tribunal noted that Mr Singh had not engaged in approved sponsored employment for approximately 16 months and had had ample opportunity to seek alternative employment or pursue other visa options. The Tribunal concluded that the purpose of his stay in Australia under the Subclass 457 visa was no longer extant, and this factor weighed strongly in favour of cancellation. The Tribunal affirmed the decision to cancel Mr Singh's visa.