Starratt (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Minister to cancel the visa of the applicant, Ms. Starratt. The dispute concerned the cancellation of Ms. Starratt's Subclass 187 (Regional Sponsored Migration Scheme) visa, a type of regional sponsored employment visa, on the grounds that her employment had terminated within two years of commencing it, and she had not made a genuine effort to remain 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, the Tribunal had to assess whether Ms. Starratt had made a genuine effort to be engaged in the nominated employment for the required two-year period, given that her employment had terminated after only one month.

The Tribunal reasoned that while the applicant's employment had indeed terminated within the two-year period, the crucial question was whether she had made a genuine effort to remain engaged. Ms. Starratt's submissions indicated that she had attempted to engage constructively with her employer, accepted a demotion despite concerns about unrealistic sales targets and her reduced hours, and believed her employer intended to replace her. She also contended that the termination was outside the terms of her employment contract and beyond her control. Considering these factors, the Tribunal was not satisfied that the ground for cancellation was made out.

Consequently, the Tribunal set aside the decision to cancel Ms. Starratt's Subclass 187 visa and substituted a decision not to cancel it.