Chaw (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 601 (Electronic Travel Authority) visa. The applicant had been found working at a strawberry farm, which contravened condition 8115 of her visa, prohibiting work in Australia other than through a business visitor activity. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal first considered whether the applicant had complied with her visa conditions. It found that the applicant, by working at the strawberry farm, had breached condition 8115. The Tribunal was satisfied that the applicant was aware of her visa conditions, or at least had a responsibility to familiarise herself with them, and that her breach was not due to circumstances beyond her control.

In exercising its discretion regarding cancellation, the Tribunal noted that the Subclass 601 visa was for short-term visits and business visitor activities, which did not include undertaking work for an Australian organisation. The Tribunal considered the applicant's stated intention to work and earn a living in Australia, her limited English skills, and her status as a single mother supporting her daughter's education. However, it found the breach to be significant, as the applicant was not engaging in the purpose for which her visa was granted. Crucially, the applicant had not provided any evidence of hardship that would result from the cancellation of her visa. On balance, the Tribunal concluded that the visa should be cancelled and affirmed the decision to cancel the applicant's visa.