Singh (Migration)

This matter concerned an application by Mr Singh for review of a decision to cancel his Subclass 187 Regional Sponsored Migration Scheme visa. The visa was cancelled on the grounds that his employment with the sponsoring employer, Ace Complete Party Supplies Pty Ltd, had been terminated within the required two-year employment period. The applicant had been nominated for the occupation of Café or Restaurant Manager and was granted the visa in June 2016.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 137Q(2) of the Migration Act 1958 (Cth) was established. This section requires that the holder of a regional sponsored employment visa must have been employed in the nominated occupation by the sponsor for at least two years. The Department had formed the view that the applicant's employment with Ace had ceased before the expiry of this two-year period, based on information received and departmental monitoring.

The Tribunal considered the evidence presented, including the applicant's submission of detailed and largely credible evidence regarding his genuine efforts to remain employed and the circumstances surrounding the termination of his employment. The Tribunal found that the evidence did not establish that the applicant had failed to meet the two-year employment requirement. Consequently, the Tribunal concluded that the ground for cancellation under section 137Q(2) was not made out, meaning the power to cancel the visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 187 visa.