Cardenas v Minister for Immigration & Multicultural Affairs [2001] FCA 17

FEDERAL COURT OF AUSTRALIA

Cardenas v Minister for Immigration and Multicultural Affairs [2001] FCA 17

MIGRATION – ADMINISTRATIVE LAW – Business (Long Stay) visa – applicant and Australian sponsor entered into employment contract in Chile – sponsor nominated applicant – applicant was granted visa – applicant migrated to Australia with his family and commenced employment with sponsor – sponsor unsuccessfully attempted to impose wage and other conditions inconsistent with relevant award – sponsor then terminated applicant's employment – applicant obtained similar position with another employer ("the second employer") – second employer extremely satisfied with applicant's standard of work – second employer applied for and was granted business sponsorship on basis that it might nominate applicant for the activity he was undertaking – respondent cancelled applicant's visa – Immigration Review Tribunal set aside that decision – second employer did not nominate applicant, but continued his employment until terminating it on instructions from respondent – respondent forthwith again cancelled applicant's visa – applicant applied to Migration Review Tribunal (the successor to the Immigration Review Tribunal) for review of that decision – Migration Review Tribunal affirmed the decision because "grounds did exist for" such cancellation – whether Tribunal exercised its discretionary power without regard to the merits of the particular case – Tribunal based its decision on a finding that applicant had "been without a sponsor for almost 20 months" – whether that was a fact which did not exist – whether termination of employment brought first employer's obligations as a sponsor to an end – whether any evidence or other material to justify the making of the decision – Tribunal's decision set aside.