Zhu (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Ms. Zhu, who sought review of the Minister's decision to cancel her Subclass 457 (Temporary Work (Skilled)) visa. The applicant had been employed as a massage therapist by Australia Fenglong Pty Ltd. The dispute arose when the applicant's employment with her sponsoring employer ceased, and she subsequently left Australia.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established. This section permits the cancellation of a visa if the holder has failed to comply with a condition of their visa. Specifically, the Tribunal had to determine if the applicant had breached condition 8107(3)(b) of her Subclass 457 visa, which stipulates that if the holder ceases employment, the period of cessation must not exceed 90 consecutive days.

The Tribunal found that the applicant had indeed breached condition 8107(3)(b). The applicant's employment ceased on 28 August 2015, and she departed Australia on 18 June 2016, well beyond the 90-day limit. While the applicant provided reasons for her absence, including seeking medical treatment for her daughter and a misunderstanding regarding leave approval, the Tribunal was satisfied that the cessation of employment exceeded the permissible period. The Tribunal then considered whether to exercise its discretion to cancel the visa, noting that the purpose of the visa, which was to work for an approved sponsor, had ended with the cessation of employment. Despite the applicant having an approved nomination from a new employer, the Tribunal concluded that the circumstances warranted affirming the cancellation decision.