Rilloraza (Migration)

This matter concerned the review of a decision to cancel the Subclass 457 (Temporary Work (Skilled)) visa held by the applicant, Ms. Rilloraza. The applicant, a citizen of the Philippines, had been granted the visa to work in Australia as a Records Manager. The dispute arose when the applicant ceased employment with her original sponsor and subsequently failed to secure new employment with an approved sponsor within the stipulated timeframe, leading to a breach of visa condition 8107(3)(b).

The Tribunal was required to determine whether the ground for cancellation, specifically the breach of visa condition 8107(3)(b), was made out, and if so, whether the visa should be cancelled having regard to all relevant circumstances. The applicant had ceased employment with her initial sponsor on 15 June 2018 and, although she obtained work rights in March 2019, she did not secure a new nomination within the 90-day period required by her visa conditions.

In its reasoning, the Tribunal acknowledged that the applicant had indeed breached condition 8107(3)(b) by not complying with the requirement to secure a new sponsor within the specified timeframe. However, the Tribunal gave significant weight to the applicant's genuine and successful attempts to find new employment and sponsorship. A new sponsor's nomination for a Subclass 482 visa was approved on 28 May 2019, and the applicant was employed with this new sponsor as a Records Manager. The Tribunal considered the hardship that cancellation would cause, noting the applicant and her family had settled in Australia for seven years, her son had lived there most of his life, and she had limited career prospects in her home country. The Tribunal concluded that the breach did not outweigh the applicant's current circumstances and her intention to apply for a Subclass 482 visa.

Consequently, the Tribunal set aside the decision to cancel the applicant's Subclass 457 visa and substituted a decision not to cancel it. The Tribunal noted it had no jurisdiction concerning the other applicants.