Legal Provisions for Visa Cancellation and Real Estate Legislation in Australia

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Scenario 1-
Issue- Here in the given case Mr Harry holds a working visa to work with
Megabytes Pty Ltd. Meanwhile, he accepted a six-month contract with the
employer to work in New York. After working for a few days in New York
Mr Harry gets sick and due to this prolonged sickness, he was forced to
come back to Australia. After coming back, his sickness persists which
leads to voluntary termination from his job. Now he wants to work in
Australia for more time. He also earned some income in America. He is not
sure about his exemptions from taxation under the provisions of ITAA36
s23AG.
RULE-
The Regional Migration Sponsored Scheme (subclass 187) Visa has
provisions that provide skilled workers to work and get permanent
resident in Australia provided that the worker must be sponsored by an
approved employer in Australia (Beer & Lester, 2015). Also in the case
mentioned it has been given that Harry is in Australia from 2009 to 2015.
While working with Megabytes Pty Ltd. Mr Harry Simpson has not
completed two years which is the minimum period to avoid cancellation of
187 visas. Under the provisions of the Regional Sponsored Migration
Scheme Visa (subclass 187), there are two conditions mentioned that can
lead to visa cancellation which are –
 The employee must start work with an employer within six months.
 The employee must work at least two years with the employer.
Also under the provisions of section 23AG Income Tax Assessment
Act 1936, all the exemptions are subjected to the prior condition that you
need to work overseas continuously for more than three months i.e. at
least 91 days to reap the benefit.
Application-
However, if there is a genuine effort on the side of the employee to
commence employment with the employer for the required timeframe
then there may be some exceptions that May does not lead to visa
cancellations.

In the present case, the illness of Mr Harry leads to termination of a job
with the employer Megabytes Pty Ltd. However before cancelling the visa
the delegates assess whether the visa made genuine effort to work with
the employer. Delegates of Australian authority also consider family or
personal circumstances beyond the control of Visa holder can also be a
factor for not able to commence certain fix time of employment with the
employer. However, in order to cancel a visa under section 137Q(2) of
Migration Act 1958, the delegated authority can also consider the level
of hardship whether financial, physical or emotional suffered by the visa
holder or his family. Proof of genuine efforts in order to cooperate with the
employer is the major task here. However, it is advisable to Mr Harry to
take leave from the employer in order to avoid legal processes. An
assessment of this "genuine effort" is important for Mr Harry because it
will determine whether his visa subject to get cancelled or not. The
delegated officer will investigate all the information given before making
his decision. This information may be provided by the visa holder, the
employer or any other part.
As in the case description, it is given that Mr Harry terminated his
overseas employment contract within two and half months and the
provisions required a minimum of 91 days of continues work subject to
reasonable leaves in between. But Mr Harry came back without any leave
and terminate his contract also. So he will not be eligible to get the
benefit of tax exemptions under the section 23AG of Income Tax
Assessment Act 1936 (Bureau, 2019).
Conclusion-
Therefore in the case mentioned above, Mr Harry will be able to prove
they genuine efforts of working with the employer. Also, the employer has
paid for his needs while he was suffering from illness in New York. The
employer has also been satisfied with the reasonability of his terminating
the contract and his efforts to work with his company. Though Mr Harry
will now be able to implement his plan of owning an IT Consultancy
company with his wife as receptionist as his present visa will remain intact