1719874 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Bridging E (Class WE) visa, subclass 050 (Bridging (General)). The dispute arose because the applicant admitted to working in breach of the "no work" condition (condition 8101) attached to his visa. The applicant had been granted this bridging visa while awaiting the determination of a judicial appeal concerning his protection visa application.

The primary legal issue before the Tribunal was whether the ground for cancellation, namely the breach of condition 8101, was made out. If so, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances. This involved assessing the applicant's compliance with other visa conditions, the degree of hardship that cancellation would cause, and any extenuating circumstances.

The Tribunal accepted the applicant's admission that he had breached condition 8101 by engaging in work activities that normally attract remuneration, including operating a business. Consequently, the ground for cancellation was established. However, in exercising its discretion, the Tribunal found the applicant's testimony regarding his visa history, while lacking diligence, did not indicate a lack of credibility. The Tribunal also considered the applicant's lengthy wait for his protection visa appeal, his separation from his spouse, and the potential impact on his family lifestyle choices.

The Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.