Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought review of the Minister's decision to cancel his Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The ground for cancellation was that Mr. Singh had ceased employment with his sponsoring business, Ark Holdings (WA) Pty Ltd, which had been placed into liquidation and ceased operations. Mr. Singh argued he was unaware of the sponsor's closure and the implications of visa condition 8107, which requires a visa holder to not be unemployed for more than 90 consecutive days.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal had to assess if Mr. Singh had complied with visa condition 8107, which mandates that any period of cessation of employment must not exceed 90 consecutive days. The Tribunal also had to consider all relevant circumstances in deciding whether to affirm the cancellation, including submissions made by Mr. Singh regarding his compliance with tax obligations and his efforts to find new employment.

The Tribunal found that the ground for cancellation was established because Mr. Singh had been unemployed for significantly longer than the 90-day period permitted by condition 8107. While acknowledging Mr. Singh's claims of unawareness of the condition and the sponsor's closure, the Tribunal held that by accepting the visa grant, he was taken to have accepted its conditions, which were clearly outlined in the grant notification. The Tribunal considered the purpose of the visa, which was for skilled employment, and noted that Mr. Singh had not worked in his nominated position since November 2017. Despite Mr. Singh's submissions about his contributions to Australia and his efforts to secure new sponsorship, the Tribunal concluded that these did not outweigh the breach of the visa condition.

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