Chang (Migration)

This matter concerned an appeal by a visa holder against the cancellation of her Subclass 580 Student Guardian visa. The applicant, a single mother, had entered Australia to support her son who was undertaking tertiary studies. The Minister’s delegate had cancelled her visa on the grounds that she had breached a condition of her visa by engaging in work in Australia on two separate occasions at massage businesses.

The primary legal issue before the Tribunal was whether the ground for cancellation, specifically non-compliance with visa condition 8101 which prohibits work in Australia, was established. If this ground was established, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that the ground for cancellation was established. Evidence indicated that the applicant was found working at a massage business in Bentleigh on 2 March 2017, and again at a massage business in Altona North on 15 August 2017. While the applicant claimed she was merely assisting a friend and not being paid, the Tribunal considered her activities, such as collecting money and changing bedsheets, to constitute work. The Tribunal then considered its discretion, acknowledging the applicant was a single mother supporting her adult son who was engaged in tertiary study. However, the Tribunal concluded that the applicant had not demonstrated a compelling need to remain in Australia on a Student Guardian visa, noting that her son was an adult and could maintain contact or return home with her.

Consequently, the Tribunal affirmed the decision to cancel the applicant’s visa.