Taroda Nakasone (Migration)

The applicant, Taroda Nakasone, sought judicial review of the Minister's decision to cancel her Subclass 457 (Temporary Work (Skilled)) visa. The cancellation was based on the applicant having ceased employment for more than 90 days. The applicant contended that her employment ceased due to circumstances beyond her control, specifically that her employer closed its business. At the time of the cancellation decision, the applicant was the subject of an approved nomination for a new visa. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the applicant's cessation of employment was due to circumstances beyond her control, as contemplated by the relevant provisions of the *Migration Regulations 1994* (Cth). This required the Court to consider the nature of the employer's closure and whether it constituted a circumstance outside the applicant's reasonable control, thereby potentially excusing the 90-day employment cessation rule.

Her Honour Judge Connolly found that the employer's closure of its business constituted circumstances beyond the applicant's control. The Court reasoned that the applicant had no agency or ability to prevent the cessation of her employment in these circumstances. Consequently, the Court determined that the grounds for mandatory visa cancellation under regulation 2.43(1)(b) of the *Migration Regulations 1994* were not met. The Court ordered that the decision of the Minister to cancel the applicant's visa be set aside.