Singh (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel Mr. Singh's Subclass 187 Regional Sponsored Migration Scheme visa. The visa was granted for employment as an automotive mechanic with SS Enterprises (WA) Pty Ltd. The cancellation was based on the ground that the applicant's employment had terminated within two years of commencing it, and he had not satisfied the Minister that he made a genuine effort to be engaged in that employment for the required period.

The Tribunal was required to determine whether the ground for cancellation under section 137Q of the Migration Act 1958 (Cth) existed. Specifically, it needed to assess if the applicant's employment had terminated within two years of commencement and, if so, whether he had made a genuine effort to maintain that employment for the requisite period. The Tribunal also considered the validity of a section 375A certificate issued by the Department, which sought to withhold certain information from the applicant on public interest immunity grounds.

The Tribunal found that the applicant's employment commenced on 20 March 2015 and was formally terminated in writing on 10 March 2017, which was within the two-year period. However, the Tribunal concluded that the section 375A certificate was not valid as it was not satisfied that disclosure of the withheld information would be contrary to the public interest. Crucially, the Tribunal was not satisfied that the applicant had failed to make a genuine effort to be engaged in the employment for the required period, noting that the termination occurred after extended leave and illness, with a medical certificate provided. The Tribunal found the applicant to be a truthful witness and his evidence to be consistent.

Consequently, the Tribunal determined that the ground for cancellation did not exist and therefore the power to cancel the visa did not arise. The Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Singh's Subclass 187 visa.