Sandhu (Migration)

The applicant, Mr. Sandhu, sought judicial review of the decision by the Minister for Immigration and Border Protection to cancel his Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The Minister's decision was based on the applicant's alleged failure to genuinely intend to perform the nominated occupation of Transport Company Manager and his non-compliance with visa conditions, as evidenced by a departmental site visit indicating he was not working full-time or at all in that role and a sham salary arrangement. The applicant contended that the cancellation was unlawful and that the Minister failed to properly consider relevant factors, including the best interests of his child.

The primary legal issues before the court were whether the Minister had valid grounds to cancel the applicant's visa under the Migration Act 1958 (Cth), specifically concerning the genuine intention to perform the nominated occupation and compliance with visa conditions. The court was also required to determine whether the Minister had properly exercised the discretion to cancel the visa, taking into account all relevant considerations, including the applicant's personal circumstances and the best interests of his child.

Justice Packer found that the evidence supported the Minister's conclusion that the applicant did not have a genuine intention to perform the nominated occupation and had failed to comply with his visa conditions. The court reasoned that the departmental site visit and the evidence of a sham salary arrangement were compelling indicators of non-compliance. Furthermore, the court held that the Minister had adequately considered the applicant's submissions regarding the decline of the sponsor's business and the best interests of his child, but these factors did not outweigh the serious breaches of visa conditions. The court affirmed the Minister's decision to cancel the visa.