YOTMADEE (Migration)

This case concerned the cancellation of a Subclass 457 (Temporary Work (Skilled)) visa held by the applicant, Yotmadee. The dispute arose when the applicant ceased employment with her sponsoring employer, I Beleaf Pty Ltd, and subsequently failed to respond to a Notification of Intention to Consider Cancellation (NOICC) letter. The delegate was satisfied that a ground for cancellation under s.116(1)(b) of the Migration Act 1958 (Cth) was made out, and after considering discretionary matters, affirmed the cancellation. The applicant sought review of this decision before the Tribunal.

The primary legal issues before the Tribunal were whether a ground for visa cancellation under s.116(1)(b) of the Act was established, and if so, whether the Minister's discretion to cancel the visa should have been exercised in favour of the applicant, considering all relevant circumstances. The Tribunal was required to assess the applicant's submissions regarding the reasons for her cessation of employment, the alleged misdirection of the NOICC, and the subsequent efforts to secure new sponsorship and resolve workplace disputes.

The Tribunal found that the applicant had indeed ceased employment with her sponsor, thereby establishing a ground for cancellation under s.116(1)(b). While acknowledging the applicant's claims of being underpaid, demoted, and subjected to workplace bullying, and noting her efforts to lodge complaints with the Fair Work Ombudsman and secure new employment, the Tribunal ultimately determined that these factors did not outweigh the reasons for cancellation. The Tribunal considered the purpose of the applicant's visa, her efforts to find new sponsorship, and the resolution of her underpayment claim, but concluded that the grounds for cancellation were more compelling.

The Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa. The Tribunal noted it had no jurisdiction concerning the second named applicant.