Singh (Migration)

This matter concerned the review of a decision by the Minister to cancel Mr Singh's Subclass 457 (Temporary Work (Skilled)) visa. The applicant, Mr Singh, had been granted the visa to work as a Café or Restaurant Manager for R & A Restaurants Pty Ltd. Australian Border Force investigations revealed that the sponsor's business had ceased to operate at its nominated premises and another restaurant operated by the sponsor had also been closed for over 12 months. The sponsor failed to respond to requests for information and its sponsorship was cancelled. Mr Singh was issued with a Notice of Intention to Consider Cancellation of his visa, but he did not respond.

The Administrative Appeals Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the *Migration Act 1958* (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The specific ground for cancellation related to the sponsor no longer operating a business or enterprise in Australia in relation to the nominated occupation. The Tribunal also considered the purpose of Mr Singh's stay in Australia and the extent of his compliance with his visa conditions.

The Tribunal found that the sponsor had ceased to operate its business no later than 16 November 2018, meaning the nominated position no longer genuinely existed. This satisfied the ground for cancellation under section 116(1)(g) of the Act. The Tribunal noted that this ground did not mandate cancellation, requiring it to consider its discretion. In exercising this discretion, the Tribunal had regard to the circumstances, including the applicant's failure to respond to the Notice of Intention to Consider Cancellation and his subsequent non-engagement with the Tribunal, including failing to attend a scheduled hearing. The Tribunal concluded that the purpose of Mr Singh's stay in Australia had ceased to exist and that he had not demonstrated any compelling reasons to remain in Australia.

The Tribunal affirmed the decision to cancel Mr Singh's Subclass 457 visa.