Singh (Migration)

This matter concerned the review of a decision by the delegate to cancel Mr Singh's Subclass 457 (Temporary Work (Skilled)) visa. The cancellation was based on the ground that Mr Singh had breached a condition of his visa by ceasing employment with his sponsor for a period exceeding 60 consecutive days. The Tribunal was required to determine whether this ground for cancellation was made out and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal found that Mr Singh did indeed breach condition 8107(3)(b) of his visa, as he ceased employment on 6 June 2017 and the period of unemployment exceeded 60 consecutive days. Having established the ground for cancellation, the Tribunal then considered whether to exercise its discretion to cancel the visa. In doing so, it had regard to the applicant's submissions, including his claims of mental health issues, the establishment of his own business, and his intention to lodge a new nomination application. The Tribunal also considered relevant policy guidelines, noting that such guidelines are advisory and not binding.

The Tribunal concluded that the purpose of Mr Singh's visa, which was to work temporarily in Australia as a skilled worker sponsored by a business, had not been fulfilled. Despite his efforts to establish his own business and his stated intention to lodge a new nomination application, he was not employed by an approved sponsor who had successfully nominated him for a position. The Tribunal found that the reasons for cancelling the visa outweighed the reasons for not cancelling it, and therefore affirmed the delegate's decision.