Sirullah (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Sirullah, who sought review of the Minister's decision to cancel his Temporary Skill Shortage (Class GK) visa (Subclass 482). The cancellation was based on the ground that Mr. Sirullah had failed to comply with Condition 8607(5) of his visa, which stipulated that the period of cessation of employment must not exceed 60 consecutive days. Mr. Sirullah had ceased employment with his sponsoring employer, SHEREE STAR SEAFOOD PTY LTD, on 24 February 2023, and this cessation exceeded the permitted 60-day period.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel Mr. Sirullah's visa was correct. This involved determining if the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to consider various factors, including the purpose of the applicant's travel, his compliance with visa conditions, the hardship that might result from cancellation, and the circumstances in which the ground for cancellation arose.

The Tribunal found that Mr. Sirullah had indeed breached Condition 8607(5) by ceasing employment for more than 60 consecutive days without an approved nomination. While acknowledging the applicant's evidence regarding a traumatic incident at the harbour that led him to leave his employment abruptly and his subsequent financial obligations to his family in Indonesia, the Tribunal gave significant weight to the fact that the purpose of his Temporary Skill Shortage visa was no longer being met as he was not employed by his sponsor. Although the Tribunal accepted that hardship might be caused by cancellation, it noted Mr. Sirullah's previous employment experience and his ability to gain new employment, suggesting he would likely find work in Indonesia.

Ultimately, the Tribunal concluded that, considering all the circumstances, the visa should be cancelled. Therefore, the Tribunal affirmed the decision to cancel Mr. Sirullah's Subclass 482 - Temporary Skill Shortage visa.