Thurasit (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Department of Home Affairs to cancel the visa of an applicant, referred to as Thurasit. The dispute concerned the cancellation of a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), following the applicant's cessation of employment for more than 60 days and the subsequent cancellation of her employer's sponsorship.

The Tribunal was required to determine whether to affirm the Department's decision to cancel the applicant's visa. This involved considering the applicant's circumstances, including her visa and study history, claims of financial hardship, and any perceived entitlement to permanent residency, against the grounds for cancellation, specifically the breach of visa conditions relating to employment.

The Tribunal reasoned that while the applicant's former representative had made submissions regarding discretionary considerations in response to a prior notice of intention to cancel, the current review lacked updated information or oral evidence from the applicant. The Tribunal acknowledged the applicant's history of study in Australia and her representative's argument of a "compelling need" to remain for permanent residency, but gave this minimal weight, noting that a Subclass 457 visa did not confer an entitlement to permanent residency. The Tribunal found that the applicant had failed to comply with visa condition 8107(3)(b) by ceasing employment for over 60 days without securing a new sponsor. Furthermore, the Tribunal found no evidence to support claims of income loss or a compelling need to remain in Australia, and therefore gave significant weight in favour of cancellation.

The Tribunal affirmed the decision of the Department to cancel the applicant's visa.