Wijayasinghe (Migration)

This matter concerned the review of a decision by the Minister to cancel the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant, Mr. Wijayasinghe, had been nominated for this visa by Business Repair Pty Ltd to work as an Accountant (General). The dispute arose when Departmental officers, during investigations into the sponsor, found that the addresses provided for the applicant's employment were either non-existent as business premises or were vacant and available for lease.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) were made out, specifically concerning the genuineness of the nominated position and the applicant's employment. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, weighing the applicant's personal circumstances against his conduct.

The Tribunal found that the evidence, including site visits to the nominated addresses and information from building managers, indicated that the premises were not genuine workplaces for the sponsor. This led the Tribunal to be satisfied that the ground for cancellation under regulation 2.43(1)(kb)(iii) of the Migration Regulations 1994 was established. In considering its discretion, the Tribunal acknowledged the applicant's settled status in Australia, the birth of his daughter in Australia, and his potential to find skilled employment. However, it found that the applicant's knowing participation in a scheme to circumvent migration laws and his untruthful conduct towards the Department and the Tribunal outweighed these personal circumstances.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa. The Tribunal noted it had no jurisdiction concerning the other applicants.