Singh (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 187 Regional Sponsored Migration Scheme visa held by Mr Singh. The dispute arose because Mr Singh had not commenced the employment referred to in his employer nomination within the prescribed period, and the Minister was not satisfied that he had made a genuine effort to do so. The Tribunal was tasked with determining whether the grounds for cancellation existed and, if so, whether the decision to cancel the visa should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had failed to commence his nominated employment and whether he had made a genuine effort to do so, as required by section 137Q of the Migration Act 1958 and regulation 2.50AA of the Migration Regulations 1994. The Tribunal also considered the applicant's contribution to the Australian community and the credibility of the information provided, particularly in light of evidence suggesting the registered business was not actively operating, irregular salary payments, extensive financial transactions away from the sponsor's region, and a lack of a required food licence.

The Tribunal reasoned that the evidence did not support the applicant's claim of a genuine effort to commence employment. It noted that the registered business had never been actively operating, there were irregular salary payments, and significant financial transactions occurred outside the sponsor's region. Furthermore, the Tribunal found credibility issues with the applicant's submissions. Applying section 137Q, the Tribunal concluded that the grounds for cancellation were established.

Consequently, the Tribunal affirmed the decision to cancel Mr Singh's Subclass 187 visa.