Sugiarto (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant, Mr Sugiarto, had been granted the visa to work as a Marketing Specialist for Capvent Advisory Services Pty Ltd (CAS), a standard business sponsor. The cancellation was based on the ground that CAS had provided false or misleading information to the Department in its applications for standard business sponsorship and for nominations associated with several Subclass 457 visas, including the applicant's. This included providing a lease agreement for office space that did not appear to exist and misrepresenting the company's operational capacity.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether to exercise its discretion to cancel the visa. The evidence presented indicated that CAS had indeed provided false or misleading information regarding its business premises and operational structure, leading to the cancellation of its standard business sponsorship. The Tribunal found that this satisfied the ground for cancellation under section 116(1)(g) read with regulation 2.43(1)(l)(iv) of the Migration Regulations 1994.

In considering the exercise of discretion, the Tribunal had regard to various factors, including the applicant's long period of study and residence in Australia, her compliance with visa conditions, and the potential hardship she might face upon visa cancellation. However, the Tribunal also noted that the purpose of the Subclass 457 visa was to enable the applicant to work for her sponsor, CAS, in a nominated skilled occupation. Crucially, this employment was no longer available to the applicant, and there was no evidence that she had secured new sponsorship since ceasing employment with CAS. The Tribunal concluded that, on balance, the circumstances warranted the cancellation of the visa.

Accordingly, the Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa.