Raval (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 457 (Temporary Work (Skilled)) visa of the first named applicant, Mr Raval. The cancellation was based on allegations that Mr Raval had not complied with a condition of his visa, specifically condition 8107(3)(a)(i), which required him to work only in the occupation listed in his most recently approved nomination. The sponsor, Asks Maintenance Services Pty Ltd, had nominated Mr Raval as a Facilities Manager.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was made out. This involved assessing whether Mr Raval had failed to comply with visa condition 8107(3)(a)(i) by not working in the nominated occupation of Facilities Manager. The Tribunal considered evidence gathered during an Australian Border Force sponsor monitoring audit, including interviews with a director of the sponsoring company and details of the duties performed by Mr Raval.

The Tribunal reasoned that the duties described, such as organising and overseeing building maintenance, managing cleaning and hygiene, liaising with body corporates, and arranging new contracts, were consistent with the responsibilities of a Facilities Manager as defined by the Australian and New Zealand Standard Classification of Occupations. While some tasks involved hands-on work, the overall scope of Mr Raval's responsibilities, including strategic and operational management of facilities and ensuring efficient operation, aligned with the nominated occupation. Consequently, the Tribunal was not satisfied that the ground for cancellation existed.

The Tribunal set aside the decision to cancel Mr Raval's visa and substituted a decision not to cancel it. The Tribunal noted that it had no jurisdiction concerning any other applicants.