Sheraz (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Minister to cancel the Subclass 457 (Temporary Work (Skilled)) visa of the applicant, Sheraz. The dispute centred on whether the applicant had complied with a condition of their visa requiring them to work only in the occupation specified in their most recently approved nomination.

The Tribunal was required to determine if the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) had been established. This involved assessing whether the applicant had complied with visa condition 8107, which mandates that the visa holder must only work in the occupation specified in the most recently approved nomination.

The Tribunal found that the information relied upon by the Department to cancel the visa was obtained from a part-time employee who lacked full knowledge of the applicant's role and duties. The Tribunal considered evidence from the applicant and the business owner, as well as pre-hearing evidence, and concluded that the applicant performed tasks consistent with the nominated occupation of Management Accountant. The Tribunal reasoned that occasional assistance with tasks outside the strict job description, such as delivering catalogues on the day of the departmental inquiry, did not negate the applicant's primary role as a Management Accountant, particularly in a small family-run business. Consequently, the Tribunal was not satisfied that the ground for cancellation existed.

The Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel the Subclass 457 visa.