Singh (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 457 (Temporary Work (Skilled)) visa held by the first applicant, Mr. Singh. The Australian Border Force (ABF) had initiated the cancellation process based on allegations that Mr. Singh had not commenced employment as stipulated by the visa conditions. The matter was before the Tribunal following a remittal from the Federal Circuit and Family Court of Australia.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the *Migration Act 1958* (Cth) was established. This section pertains to circumstances where a visa holder has not complied with a condition of their visa. The Tribunal was required to determine if the evidence presented, including payslips and a notice of assessment, sufficiently demonstrated that Mr. Singh had failed to commence his employment.

The Tribunal found that the evidence did not satisfy it that the ground for cancellation under section 116(1)(b) was made out. As this ground did not mandate cancellation under section 116(3), the Tribunal then considered whether it should exercise its discretion to cancel the visa. Ultimately, the Tribunal set aside the ABF's decision to cancel Mr. Singh's visa and substituted a decision not to cancel it. The Tribunal noted it had no jurisdiction concerning any other applicants.