Wilson (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Wilson, who sought review of the delegate's decision to cancel his Temporary Skill Shortage (Class GK) visa, Subclass 482. The cancellation was based on Mr Wilson ceasing employment for over 60 consecutive days. Mr Wilson argued that his sponsoring employer had liquidated the company due to the impact of the COVID-19 pandemic, and he had found a new employer willing to sponsor him.

The primary legal issue before the Tribunal was whether to exercise the discretion to set aside the visa cancellation. This required the Tribunal to consider all relevant factors, including those outlined in the Department's Procedures Advice Manual (PAM3), such as the purpose of the applicant's travel and stay in Australia, and the extent of compliance with visa conditions. The Tribunal also had to assess the impact of the COVID-19 pandemic on the circumstances.

The Tribunal reasoned that while Mr Wilson had breached a visa condition by ceasing employment for more than 60 days, this was the sole breach. Crucially, the Tribunal gave significant weight to the new information that Mr Wilson had secured a new sponsor, Comtex Group Pty Ltd, a company with which he had previously been employed and which confirmed his skills and reliability. Comtex Group Pty Ltd had expressed a willingness to lodge sponsorship and nomination applications for Mr Wilson, provided his visa cancellation was revoked. The Tribunal found that Mr Wilson's continued purpose and activity in Australia remained aligned with the original grant of his visa.

The Tribunal set aside the delegate's decision to cancel Mr Wilson's visa.