Scenario
Ronaldo is in Australia on a Skilled Employer Sponsored Regional (SESR) (Provisional) subclass 494 visa which is in effect for five years. He was sponsored by his employer, Kangaroo Bush, to work as a baker in their bakery. Ronaldo had been working for Kangaroo Bush for 2.5 years whilst on his subclass 494 visa when he started to hear rumours that someone was snooping around town, asking the town folk questions about the business. Ronaldo was not one to listen to rumours but being from a small town in Argentina, he knew that there was always a bit of truth in every rumour. Ronaldo asked his employer if everything was okay, to which the owner responded, ‘she’ll be right mate.’
He was concerned about the business not only because he loved his job, but he had also developed a close relationship with his boss’ daughter, Stella. They have been dating for over a year. During an evening out at the local watering hole, Stella, out of the blue, proposed to Ronaldo. Ronaldo was surprised by this proposal, but despite not being one to rush into things, he thought that there was no time like the present and said yes!
The next six months passed and Ronaldo and Stella got married. Ronaldo started asking his boss whether he would be open to nominating him for permanent residency. His boss kept telling him that they would speak about it later. One day at the bakery, whilst Ronaldo was at the back baking his croissants, he heard Stella and her father yelling in the pantry. He could not hear what they were saying but Stella, looking visibly upset, ran out of the bakery.
Ronaldo ran after her to comfort her. He asked what had happened, but she would not tell him. A few weeks passed and Stella suggested that they apply for an onshore Partner visa. Ronaldo was reluctant to do so as he was relying on being nominated for permanent residency by her father through the business and did not want to pay the high visa application charge for a Partner visa as they were saving to buy a house together.
Ronaldo asked his boss again to start the paperwork for permanent residency to which he got the same reply – “I’ll do it later. Trust me mate, we have more important things to work out at the moment.”
Ronaldo, not feeling confident about the situation anymore, spoke to Stella, and they decided to take the safe course of action and lodge an onshore Partner visa application immediately.
Three weeks after Ronaldo’s partner visa application had been lodged, his boss invited him to the local Pub and told him that Kangaroo Bush’s sponsorship approval had been cancelled and the business was barred from sponsoring any workers for two years. Ronaldo asked him why, but he received a terse response that it was none of his business.
Two weeks later, Ronaldo received a Notice of Intention to Consider Cancellation of his Skilled Employer Sponsored Regional (SESR) (Provisional) subclass 494 visa. He responded to the notice, but unfortunately a decision was made to cancel his visa.
Question
1. Which bridging visa was Ronaldo granted in relation to his pending Partner subclass 820/801 visa application? Which bridging visa would he be e ligible for after his cancellation?
2. What is the most likely cancellation power that would have been used to cancel Ronaldo’s visa? Can discretionary factors be considered in relation to a cancellation under this power? If yes, explain the factors.
3. Assume instead that Ronaldo changed his mind and departed Australia two months after his visa cancellation without first regularising his status. Do any exclusion periods apply if Ronaldo decides to apply for another Visitor visa?
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