2115494 (Migration)

This matter concerned an application for review of the Tribunal's decision to affirm the cancellation of the applicant's Bridging C (Class WC) visa, subclass 030. The applicant had been convicted of dealing with the proceeds of crime, which constituted a prescribed ground for visa cancellation under regulation 2.43(oa) of the Migration Regulations 1994, read with section 116(1)(g) of the Migration Act 1958. The Tribunal was required to determine whether this ground for cancellation was made out and, if so, whether the visa should be cancelled in the exercise of the Minister's discretion.

The Tribunal found that the ground for cancellation was established due to the applicant's conviction for dealing with the proceeds of crime on 23 June 2020, for which she was fined and a forfeiture order was made. As this ground did not mandate cancellation under section 116(3) of the Act, the Tribunal proceeded to consider whether the visa should be cancelled, having regard to all relevant circumstances. The applicant submitted that she lived alone with her dog, which she considered her son, and that she provided a professional massage service from home, earning approximately $25,000 per year. She also stated she sometimes sub-let rooms to help with rent and claimed that money found by police belonged to her tenants. The applicant expressed fear of returning to China due to her age and concerns about viruses, stating she calls Australia home and cannot return without her dog, which would take time to arrange.

In its reasoning, the Tribunal considered the applicant's submissions, including her attachment to her dog and her financial circumstances. It also had regard to the Department's Procedures Advice Manual concerning general visa cancellation powers. The Tribunal noted that the applicant had subsequently been charged with offences relating to failing to adequately restrain her dog. Ultimately, the Tribunal concluded that, considering all the circumstances, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's Bridging C visa.