Thanaletchumy (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Thanaletchumy, who sought review of a decision to cancel her Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The cancellation was based on the ground that Ms. Thanaletchumy had ceased employment with her sponsor.

The primary legal issue before the Tribunal was whether to exercise its discretion to set aside the cancellation decision. This required the Tribunal to consider various factors, including the purpose of Ms. Thanaletchumy's stay in Australia, her compliance with visa conditions, and the degree of hardship that might be caused by the cancellation. The Tribunal was also guided by the Department's Procedures Advice Manual.

The Tribunal reasoned that Ms. Thanaletchumy had failed to comply with visa condition 8107 by ceasing employment with her sponsor for more than 60 consecutive days without an approved nomination. While acknowledging her stated intention to support her daughter studying in Australia and the hardship this might entail, the Tribunal noted the lack of evidence demonstrating efforts to secure alternative employment. The Tribunal gave significant weight to the fact that Ms. Thanaletchumy had previously returned to work with her sponsor, only for that employment to subsequently cease, and found this weighed in favour of cancellation.

The Tribunal affirmed the decision to cancel Ms. Thanaletchumy's visa.