Tariq (Migration)

The applicant, Tariq, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the cancellation of his subclass 457 (Temporary Work (Skilled)) visa. The cancellation arose from the cessation of his employment, which followed the cancellation of his sponsorship agreement. The applicant had been unable to secure a new nomination for a visa and was awaiting the outcome of a subclass 190 visa application at the time of the decision under review.

The primary legal issue before the court was whether the delegate of the Minister had erred in law in affirming the cancellation of the applicant's visa. This involved considering whether the delegate had properly applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) in assessing the applicant's circumstances, particularly in light of the impact of the COVID-19 pandemic on his ability to secure alternative sponsorship or employment.

The court found that the delegate had not erred in law. The delegate had correctly identified that the applicant's visa was liable for cancellation under the relevant provisions due to the cessation of his employment and the cancellation of his sponsorship. While acknowledging the difficulties presented by the COVID-19 pandemic, the court held that these circumstances did not create a legal obligation on the delegate to exercise discretion in favour of the applicant or to delay the cancellation decision. The delegate's assessment of the available information and the application of the law were found to be sound.