ZHANG (Migration)

This matter concerned an application by Mr. Zhang for review of a decision to cancel his Subclass 457 (Temporary Work (Skilled)) visa. The visa was cancelled on the ground that Mr. Zhang had ceased to be employed in the nominated occupation for which the visa was granted, and had not secured a new nomination. The Administrative Appeals Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered the purpose of the Subclass 457 visa, which is to enable individuals to work temporarily for an approved sponsor in an approved occupation. The evidence established that Mr. Zhang had ceased working for his sponsoring employer, Max Construction (Australia) Pty Ltd, between March and October 2016, and had been unable to secure another approved nomination since that time. The Tribunal noted that the applicant's inability to fulfil the purpose of the visa by securing a new nomination weighed strongly in favour of cancellation.

Having regard to the purpose of the visa and the applicant's prolonged inability to secure new employment with an approved sponsor, the Tribunal concluded that the circumstances weighed in favour of cancelling the visa. The Tribunal affirmed the decision to cancel Mr. Zhang's Subclass 457 visa.