Williamson (Migration)

The applicant, Ms. Williamson, sought judicial review of the decision to cancel her Temporary Skill Shortage (Class GK) visa (subclass 482). The dispute arose because Ms. Williamson ceased employment with her sponsoring employer, Publicis Media, and commenced employment with a new employer, The Urban List, which was not a qualified business sponsor and therefore could not sponsor her visa. This resulted in a breach of her visa condition 8607, which requires a subclass 482 visa holder to remain employed by their sponsor.

The primary legal issue before the court was whether the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had properly exercised their discretion in cancelling Ms. Williamson's visa. Specifically, the court was required to consider whether the circumstances in which the ground for cancellation arose were beyond the visa holder's control, the impact of the COVID-19 pandemic on her ability to secure new employment, and the degree of hardship that cancellation would cause.

The court reasoned that Ms. Williamson had been misled by The Urban List regarding their ability to sponsor her visa, and that her reliance on their assurances led to her breach of visa condition 8607. The court also acknowledged the significant impact of the COVID-19 pandemic on the job market, which made it exceptionally difficult for Ms. Williamson to find new employment and secure a sponsor within the prescribed timeframe. The court found that the delegate had failed to give sufficient weight to these mitigating factors and the potential hardship Ms. Williamson would face.

Consequently, the court set aside the decision under review, finding that the delegate had not properly exercised their discretion in cancelling Ms. Williamson's visa.