Bin Erik (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 030 (Bridging C) visa. The applicant was an unlawful non-citizen who had failed to respond to a hearing invitation and was suspected of breaching visa condition 8101, which prohibits work. The Tribunal was required to determine whether the grounds for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal was required to consider whether the applicant had breached visa condition 8101. The applicant's Subclass WC-030 bridging visa, granted on 7 March 2019, included condition 8101. A Notice of Intention to Consider Cancellation was issued on 13 May 2019, noting the applicant's address and raising suspicion of a breach due to his inability to provide evidence of financial support other than from an adopted sister. The applicant was interviewed on 14 May 2019, and his visa was cancelled on that date. The Tribunal also considered the probative value of evidence provided by the applicant, specifically an unsigned statutory declaration, which it found to have none.

The Tribunal reasoned that the applicant's unsatisfactory explanation for his financial support since arriving in Australia created a genuine probability that he had been working illegally, thus breaching condition 8101. The Tribunal found this ground for cancellation to exist under s 116(1)(b) of the Act. In exercising its discretion, the Tribunal considered the applicant's original intention to visit Australia, his continued presence as an unlawful non-citizen, and his stated desire to work to pay off debts. The Tribunal concluded that the reasons for cancelling the visa outweighed the reasons for not doing so. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.