Zalavadia (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Zalavadia, concerning the cancellation of a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187. The applicant, Mr. Zalavadia, had been granted this visa based on a nomination by a sponsoring employer for the position of Web Administrator. The dispute arose when the Department of Home Affairs decided to cancel his visa, a decision Mr. Zalavadia sought to have reviewed by the AAT.

The primary legal issue before the Tribunal was whether the applicant's visa should be cancelled, specifically in light of the Department's findings that the offer of employment was fraudulent and that the sponsoring employer had provided a false business address. The Tribunal was required to determine if the applicant had made a genuine effort to commence employment in the nominated position and whether the position itself was genuine, despite the circumstances surrounding the offer and the employer's address.

In reaching its decision, the Tribunal applied the principles of the *Migration Act 1958* (Cth) and relevant regulations concerning the subclass 187 visa. The Tribunal found that the evidence presented indicated a fraudulent offer of employment, including a false business address and the applicant working from home, which was not consistent with the nature of the nominated position. Despite the applicant's claims of financial hardship and a genuine effort to commence employment, the Tribunal concluded that the fundamental requirements for the visa had not been met due to the fraudulent nature of the employment offer. Consequently, the Tribunal affirmed the decision to cancel the visa.