Razwantee (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Razwantee, an applicant whose Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), was subject to cancellation. The dispute arose from the applicant ceasing employment for over 90 days, with allegations of payments being demanded for sponsorship, which allegedly forced the applicant to resign. The applicant also raised concerns about disruption to her family's education and her conversion to Christianity as factors against cancellation.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) were made out, specifically whether the applicant had complied with the condition of her visa that she must not cease employment for more than 90 consecutive days. If the ground for cancellation was established, the Tribunal then had to consider whether, in the exercise of its discretion, the visa should be cancelled, taking into account all relevant circumstances, including the applicant's submissions regarding hardship and the purpose of her stay.

The Tribunal found that the ground for cancellation under section 116(1)(b) was established, as the applicant had ceased employment for a period exceeding 90 consecutive days. In exercising its discretion, the Tribunal noted that the applicant had been in Australia on a series of temporary visas since October 2007 and had never commenced working in the occupation for which her Subclass 457 visa was granted. Despite the applicant's submissions regarding family settlement, children's schooling, and potential financial and social difficulties upon return to Mauritius, the Tribunal concluded that the purpose of her further stay in Australia was no longer viable. The Tribunal also considered the applicant's husband's employment history in Mauritius and the availability of rental accommodation there.

The Tribunal affirmed the decision to cancel the applicant's visa.