Rasakkon (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Mr Rasakkon, who sought review of a decision to cancel his Subclass 457 (Temporary Work (Skilled)) visa. The dispute arose because Mr Rasakkon ceased employment with his sponsoring business, leading to the cancellation of his visa.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to consider the applicant's immigration history, his efforts to secure new sponsorship, and other relevant circumstances in determining whether to affirm the cancellation decision.

The Tribunal found that the ground for cancellation under s 116(1)(b) was established. In exercising its discretion, the Tribunal had regard to the applicant's history, including his arrival in Australia on a Subclass 457 visa, ceasing employment with his initial sponsor due to financial reasons, obtaining a student visa, and subsequently obtaining another Subclass 457 visa with a different sponsor. The Tribunal noted the applicant's attempts to find new sponsorship after his second sponsor could not provide full-time work, his travel to Sri Lanka due to a family emergency, and subsequent difficulties in securing further nominations due to various reasons, including financial constraints of potential sponsors and administrative processes. Despite these efforts, the Tribunal concluded that, considering all circumstances, the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr Rasakkon's Subclass 457 visa.