Ren (Migration)

This matter concerned an application for review of a decision by the Minister to cancel the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant's visa was cancelled under section 116(1)(b) of the Migration Act 1958 (Cth) on the grounds that he had ceased employment with his nominating business for more than 90 consecutive days without securing a new approved nomination. The applicant did not respond to the Notice of Intention to Consider Cancellation issued by the Department.

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 legal issue centred on the applicant's breach of visa condition 8107(3)(b), which required him to be employed by his sponsor in an approved occupation and to have an approved nomination. The applicant had ceased employment with his sponsor on 31 March 2016 and had not secured a new nomination for over 90 days.

The Tribunal reasoned that the ground for cancellation under section 116(1)(b) was established, as the applicant had breached condition 8107(3)(b) by ceasing employment for more than 90 consecutive days without a new nomination. In exercising its discretion, the Tribunal considered that the applicant had been granted the visa to work for his approved sponsor and that this employment had ceased in March 2016. The Tribunal found it significant that the applicant remained without a current approved nomination and had had ample opportunity to secure one. The Tribunal concluded that the applicant's conduct and compliance with visa conditions weighed against not cancelling the visa, and affirmed the decision to cancel the applicant's Subclass 457 visa.