Verma (Migration)

The Administrative Appeals Tribunal considered the case of an applicant, a citizen of India, whose Subclass 457 (Temporary Work (Skilled)) visa was subject to cancellation. The applicant had been granted the visa based on a nomination by Safe Places Community Services Limited to work as a Youth Worker. The dispute arose when the applicant ceased employment with the sponsor, claiming exploitation and a failure to be placed in a nominated Case Manager role. The sponsor subsequently notified the Department that the applicant was no longer employed by them.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel the applicant's visa under section 116 of the Migration Act 1958 (Cth) should be affirmed. This involved determining if the grounds for cancellation were made out and, if so, whether the cancellation was appropriate having regard to all relevant circumstances, including government policy and the applicant's personal circumstances. The Tribunal also had to consider the applicant's compliance with her visa conditions, particularly the requirement to work in her nominated occupation.

The Tribunal reasoned that the applicant had ceased to be employed by the sponsor and had not been employed in her nominated occupation for a significant period, exceeding 90 days. While the applicant claimed exploitation and had attempted to pursue a Fair Work claim which was dismissed, the Tribunal found that she had not secured new employment or a new sponsor in the substantial period since her employment ceased. The Tribunal acknowledged the applicant's recent marriage and her husband's aspirations in Australia, as well as claims of financial hardship. However, it concluded that the applicant had been non-compliant with her visa conditions for a period significantly longer than she had been compliant, and that the purpose of her visa had not been fulfilled since August 2018.

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