Yadav (Migration)

This matter concerned the review of a decision to cancel the Subclass 457 (Temporary Work (Skilled)) visa granted to the first applicant, Ms. Yadav. The cancellation of the visas of other applicants was a consequence of the first applicant's visa cancellation, and the Tribunal lacked jurisdiction to review those. The primary ground for cancellation was that Ms. Yadav had allegedly worked as a beauty therapist, contrary to her visa condition requiring her to work only in the occupation listed in her most recently approved nomination, which was hairdresser.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to consider if Ms. Yadav had breached visa condition 8107 by working outside her nominated occupation. If a breach was found, the Tribunal then had to weigh the reasons for cancellation against any reasons for not cancelling the visa, taking into account all relevant circumstances, including government policy, although not being bound by it.

The Tribunal found that the evidence, including departmental records showing a significant number of beauty therapist tasks performed by Ms. Yadav, established a breach of visa condition 8107. The Tribunal noted that the purpose of a Subclass 457 visa was for temporary skilled work in a nominated occupation, and beauty therapist was not an occupation listed by the Minister as eligible for nomination. While acknowledging the applicant's submissions regarding hardship and her subsequent cessation of employment due to pregnancy and relocation, the Tribunal concluded that the reasons for cancelling the visa outweighed the reasons for not cancelling it.

Consequently, the Tribunal affirmed the decision to cancel Ms. Yadav's Subclass 457 visa. The Tribunal reiterated that it had no jurisdiction with respect to the other applicants whose visas were automatically cancelled as a consequence of the first applicant's visa cancellation.