Sandhu (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 457 (Temporary Work (Skilled)) visa granted to the first applicant, Mr. Sandhu. The dispute arose from the cancellation of the sponsorship approval for Grigora Logistics Pty Ltd, the employer that had nominated Mr. Sandhu for his visa. The cancellation of Mr. Sandhu's visa was a consequence of his sponsor's cancelled approval, as well as findings that he had not complied with his visa conditions.

The Tribunal was required to determine whether the grounds for cancelling Mr. Sandhu's visa existed and, if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal considered whether Mr. Sandhu had failed to comply with a condition of his visa by working outside the nominated occupation of transport company manager, and whether his sponsor's cancelled approval constituted a ground for cancellation under the Migration Regulations.

The Tribunal found that Mr. Sandhu had indeed worked as a truck driver, contrary to his nominated occupation as a transport company manager, thereby breaching a condition of his visa. Furthermore, the cancellation of his sponsor's approval provided a separate ground for cancellation. In exercising its discretion, the Tribunal considered the purpose of Mr. Sandhu's stay, his cessation of employment with the sponsoring business, his failure to seek alternative employment, and the fact that his visa would have expired in July 2019. The Tribunal concluded that the reasons for cancelling the visa outweighed the reasons for not cancelling it.

Consequently, the Tribunal affirmed the decision to cancel Mr. Sandhu's Subclass 457 visa. The Tribunal noted that it had no jurisdiction with respect to other applicants whose visas were automatically cancelled as a consequence of Mr. Sandhu's visa cancellation.