Strydom (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Temporary Skill Shortage (Class GK) visa, subclass 482, held by Mr. Strydom. The dispute arose because Mr. Strydom had ceased employment for more than 60 days, with his employment termination attributed to the effects of COVID-19. While he had a second employer's nomination application refused and had engaged in other work while on a bridging visa, he also presented a letter of offer from a third employer, though no evidence of a subsequent nomination or visa application was provided.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed and, if so, whether the discretion to cancel the visa should be exercised. The Tribunal also considered the applicant's circumstances, including his purpose for travel and stay in Australia, his compliance with visa conditions, and his past and present behaviour.

The Tribunal found that the ground for cancellation under section 116(1)(b) was satisfied, as Mr. Strydom had ceased employment for more than 60 days. In exercising its discretion, the Tribunal noted that the applicant had arrived in Australia in 2008 and had held various visas, including a subclass 482 visa for two years after returning from South Africa. His employment with Hudson Meats ceased in April 2020, and he subsequently obtained a Bridging Visa E. While he expressed a desire to remain in Australia, the Tribunal found no compelling need for him to do so, particularly as his current employment was as a cleaner on a mine site, and he had not provided evidence of a pending nomination or visa application with a third employer, despite receiving an offer of full-time employment and sponsorship. The Tribunal concluded that the original purpose for granting the subclass 482 visa no longer existed.

The Tribunal affirmed the decision to cancel Mr. Strydom's visa.