Temporary Work Visa Cancellation (Visa 457) Case Study

Temporary Work Visa Cancellation (Visa 457) Case Study

Please note the 457 Visa has now been replaced by the 482 visa.

Background

Mr Jeffrey Pulido approached CJMigration after his Subclass 457 Temporary Work (Skilled) visa was cancelled under section 116(1)(b) of the Migration Act 1958. The Department of Home Affairs alleged that he had failed to comply with a condition attached to his visa.

The visa cancellation placed Mr Pulido in a difficult position, as he needed to remain lawfully in Australia while challenging the Department’s decision. He also wanted to continue working and secure his long-term future in Australia.

Key Challenges – Work Visa Cancelled

Our objectives were to:

• Ensure Mr Pulido remained lawfully in Australia while preparing his review application.
• Reinstate his cancelled Subclass 457 visa.
• Obtain permission for him to continue working while awaiting the outcome of the AAT review.
• Develop an alternative migration pathway should the review not be successful.

How CJMigration Helped

CJMigration assisted Mr Pulido by:

• Applying for a Bridging Visa to enable him to remain lawfully in Australia while preparing his review application.
• Applying for work rights so he could continue supporting himself during the review process.
• Lodging an application with the Administrative Appeals Tribunal (AAT), seeking review of the Department’s decision to cancel his Subclass 457 visa.
• Preparing detailed written submissions addressing the circumstances surrounding the cancellation and outlining the compelling reasons why his visa should be reinstated.
• Representing and supporting Mr Pulido throughout the AAT review process, including attending the Tribunal hearing.

Developing an Alternative Migration Pathway

In addition to managing the review application, we recognised the importance of developing a contingency plan.

We advised and assisted Mr Pulido to obtain a skills assessment as a Welder (First Class). This was a strategic decision because the visa cancellation significantly limited his ability to lodge another visa application while in Australia and could also have resulted in a three-year exclusion period if he departed Australia.

Following the successful skills assessment, CJMigration prepared, lodged and managed his Employer Nomination Scheme Subclass 186 Direct Entry visa application.

The Outcome

The results achieved were:

• The Administrative Appeals Tribunal set aside the decision under review and substituted a decision not to cancel Mr Pulido’s Subclass 457 visa.
• His skills assessment as a Welder (First Class) was successful.
• His Employer Nomination Scheme Subclass 186 Direct Entry visa was granted.
• Mr Pulido became an Australian permanent resident and later achieved Australian citizenship.

Today, Mr Pulido and his wife are happily settled in Australia with their two teenage children.

Visa Cancellation Practical Tip

If your visa has been cancelled, do not assume there are no further options available. Acting quickly is critical.

In many cases, you may be able to apply for a Bridging Visa, seek a review of the decision, obtain work rights and explore alternative visa pathways at the same time. Early professional advice can significantly improve your chances of achieving a positive outcome.

Client Permission

This client success story is published with the express written consent of Mr Jeffrey Pulido. He has authorised CJMigration to use his name and share his migration journey for informational and promotional purposes. Personal information has been included only with his permission.

Disclaimer

This success story is published with the client’s permission.

Past outcomes do not guarantee future results. Every migration matter is assessed on its own merits, having regard to the applicant’s individual circumstances, the evidence provided, and the migration legislation and policy in force at the time a decision is made.