Zhang (Migration)

The Administrative Appeals Tribunal considered the case of Zhang, an applicant whose Subclass 457 (Temporary Work (Skilled)) visa was subject to cancellation. The dispute centred on whether the visa should be cancelled following the cessation of the applicant's employment in the nominated position.

The Tribunal was required to determine whether a ground for cancellation under section 116(1)(b) of the *Migration Act 1958* (Cth) existed, and if so, whether to exercise its discretion to cancel the visa. Section 116(1)(b) pertains to circumstances where the holder has been prescribed as not being a person of a class of persons who are eligible to be granted a visa of that kind.

In its reasoning, the Tribunal found that the ground for cancellation under s.116(1)(b) was satisfied. It then proceeded to consider the discretionary factors relevant to whether the visa should be cancelled. The Tribunal noted that the applicant's sole purpose for travel and stay was employment, which no longer existed, favouring cancellation. While the applicant had complied with other visa conditions, her failure to comply with condition 8107(3)(b) was also a factor favouring cancellation. The Tribunal found no specific hardship factors identified by the applicant, and although the circumstances of employment cessation were beyond her control, she was aware of the cessation and made no efforts to find an alternative sponsor within the prescribed timeframe. The Tribunal also noted the applicant's cooperation with the department and that cancellation would not trigger consequential cancellations or breach international obligations.

The Tribunal affirmed the decision to cancel the applicant's Subclass 457 visa.