1816261 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Bridging C visa (Subclass 030). The applicant, who had been granted the visa in error and without legal basis, sought to have the cancellation decision set aside. The Tribunal was required to determine whether the ground for cancellation under section 116(1)(f) of the Migration Act 1958 (Cth) existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered the applicant's claims of fearing domestic violence as the reason for her presence in Australia and her explanation for the discrepancy between this claim and the political issues stated in her protection visa application. The applicant asserted that another person had completed the forms and she had not fully understood their contents, despite signing them. She also provided reasons for not remaining in Kuala Lumpur, including a dislike of the place and a lack of job opportunities, later adding a fear of her ex-husband finding her.

The Tribunal found the applicant's claims to be inconsistent and not credible. It was noted that the applicant provided accurate biographical details on her application, suggesting an understanding of its contents. The Tribunal concluded that the applicant's explanations for not remaining in Kuala Lumpur appeared to be fabricated, particularly the late addition of fearing her ex-husband after initial reasons of dislike and lack of employment were given. The Tribunal was satisfied that the ground for cancellation under section 116(1)(f) was established and, after considering the circumstances and the applicant's submissions, exercised its discretion to affirm the cancellation decision.