Sidhu (Migration)

The applicant, Mr. Sidhu, sought review of a decision to cancel his Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The dispute arose from the applicant ceasing employment with his sponsoring employer, Rockiron Pty Ltd, and remaining unemployed for a period exceeding 90 consecutive days, which allegedly breached a condition of his visa. The matter was heard by Cathrine Burnett-Wake, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established. This required the Tribunal to determine if the applicant had failed to comply with a condition of his visa, specifically condition 8107(3)(b), which mandates that a visa holder must not cease employment for more than 90 consecutive days without securing a new approved nomination. The Tribunal also had to consider whether, having found a ground for cancellation, it should exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal reasoned that the evidence, including the applicant's own letter responding to a Notice of Intention to Consider Cancellation, indicated he ceased employment with Rockiron Pty Ltd in February 2016. As he had not secured an approved nomination by another sponsor within 90 days of this cessation, nor at any point thereafter, the Tribunal found he had breached condition 8107(3)(b). The Tribunal further considered the purpose of the 457 visa, which is to fill skilled shortages, and noted the applicant's failure to secure a new nomination for approximately 22 months weighed heavily in favour of cancellation. Despite the applicant's claims of financial hardship and harassment, the Tribunal found no evidence of a new nomination and concluded that the applicant was not fulfilling the purpose of his visa.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa.