Kaur (Migration)

The applicant, Ms Kaur, sought review of the Minister's decision to cancel her Bridging A (Class WA) visa. The dispute arose because Ms Kaur had engaged in work in Australia, which was contrary to a condition of her visa. The matter was heard by the Tribunal, with James Silva acting as the Member.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the visa should be cancelled in the exercise of the Minister's discretion. Specifically, the Tribunal had to consider if Ms Kaur had breached the condition of her visa prohibiting work in Australia, and if the circumstances warranted cancellation.

The Tribunal found that Ms Kaur had indeed breached the 'No Work' condition of her Bridging A visa by working at Ultimate Wash and Café, as evidenced by payroll records and her own admission. However, the Tribunal then considered the exercise of discretion regarding cancellation. It took into account Ms Kaur's stated intention to study in Australia, her completion of Certificate III and IV in Commercial Cookery, and her pending application for a Diploma of Hospitality Management. The Tribunal also considered her explanation for needing to remain in Australia until at least December 2021 to avoid disrupting her studies, and her plans to return to India to open a restaurant. Despite some reservations about the genuineness of her long-term intentions to return to India, the Tribunal concluded that, on balance, the circumstances did not warrant the cancellation of her visa.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel Ms Kaur's Subclass 010 (Bridging A) visa.