Gurung (Migration)

This matter concerned an appeal by Ms Gurung against the cancellation of her Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The appeal was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(a) of the *Migration Act 1958* (Cth) existed, and if so, whether the discretion to cancel the visa should be exercised. The applicant had been granted the visa as a secondary applicant, intending to remain in Australia with her partner. However, the parties had since divorced in Australia.

The Tribunal found that the ground for cancellation under section 116(1)(a) was satisfied because the applicant was no longer in a spousal relationship with the primary visa holder, meaning she could no longer fulfil the purpose for which her visa was granted. In considering the exercise of discretion, the Tribunal had regard to the applicant's stated intention to study in Australia and her concerns about returning to Nepal as a divorced woman. However, the Tribunal noted that the applicant's visa was due to expire in December 2024 and she had not identified any viable options to remain in Australia beyond that date, including the need to apply for a Student visa offshore. The Tribunal concluded that the cancellation of the visa would not cause undue hardship, given the limited time remaining on the visa and the lack of identified pathways to extend her stay.

The Tribunal affirmed the decision to cancel the applicant's Subclass 485 (Temporary Graduate) visa.