Fraud By Sponsor Leads To Cancellation of 457 Visa
We’ve all heard the expression: “There is nothing new under the sun” (in case you are really curious, this expression comes from the Bible, specifically “Ecclesiastes”).
I would reckon that most RMAs would question from their work experience just how accurate that expression really is! I suggest that it would be the more typical experience of RMAs that the opposite is really true, that instead of there being nothing new under the sun, in reality there is almost always something new under the sun – practically every day! And (if you can bring yourself) to read the case reports on Austlii, you will see that it is really true – different, unusual, surprising and one might go so far as to say “wacky” situations come up in the Federal courts all the time!
The case that is the subject of today’s article – Patel & Anor v Minister for Immigration & Anor (2015) FCCA 28293 – involves an issue that I haven’t come across before: Can the fraudulent conduct of the sponsor of a 457 visa holder result in the cancellation of the visa? The answer to this question, provided by the Court in the Patel case is: “Yes it can!”
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