1714324 (Migration)

This matter concerned an appeal by an applicant against the cancellation of her Skilled – Regional (Provisional) visa (Subclass 489). The applicant had been granted the visa as a secondary applicant, with the original purpose of remaining in Australia with her partner. However, the relationship had ceased, and the applicant had relocated to a different state and established a new life. The applicant sought to remain in Australia, arguing that her departure would cause emotional hardship and that she had found a new purpose for her stay.

The primary legal issue before the Tribunal was whether the applicant's Subclass 489 visa should be cancelled, notwithstanding that the ground for cancellation did not mandate it under section 116(3) of the *Migration Act 1958* (Cth). This required the Tribunal to consider its discretion in cancelling the visa, taking into account various factors including the purpose of the visa, the applicant's circumstances, and the potential hardship caused by cancellation.

The Tribunal reasoned that the Subclass 489 visa was a temporary visa, not designed to provide a right to permanent or long-term residence. While acknowledging the applicant's relocation and establishment of a new life, the Tribunal found that the purpose of the visa was not to enable individuals to build their lives in Australia. The Tribunal also considered the applicant's claims of emotional hardship and the potential adverse effects on her health and well-being if she were to depart. However, it was not satisfied that the applicant would be unable to receive adequate support in her home country. Given the temporary nature and short remaining duration of the visa, the Tribunal concluded that the applicant had not established a compelling need to remain in Australia. The Tribunal also noted that there were no known instances of non-compliance with visa conditions, but found the applicant's character not relevant to this specific assessment.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, finding that, when considering all the circumstances, cancellation was warranted.