Singh (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant, a citizen of India, had been granted the visa in 2016, with his sponsorship provided by R & A Restaurants Pty Ltd, trading as the Indo-French Restaurant. The sponsor's standard business sponsorship was cancelled on 16 November 2018, after it was found to have ceased operating its business. Consequently, the applicant's nomination ceased, and he was notified that his visa might be cancelled.

The primary legal issue before the Tribunal was whether the grounds for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) were met, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal also considered the applicant's claims of hardship and his efforts to secure a new sponsor after his original sponsorship was cancelled.

The Tribunal reasoned that the ground for cancellation under s 116(1)(g) was established because the applicant no longer had an approved nomination in place, a requirement for his Subclass 457 visa. While this ground did not mandate cancellation, the Tribunal then considered whether to exercise its discretion. The Tribunal found that the sponsor ceased operating by 6 June 2018, and the applicant ceased working for them around that time. Despite the applicant's efforts to find a new sponsor, including a contract with Tikka N Talk, the Tribunal noted that no sponsorship or nomination application had been lodged by Tikka N Talk for the applicant. Considering all circumstances, including the applicant's cessation of work for the original sponsor and the lack of a valid new nomination, the Tribunal affirmed the decision to cancel the visa.