Mandala (Migration)

This matter concerned an application by Mr. Mandala to review the decision to cancel his Bridging C (Class WC) visa, Subclass 030. The dispute arose because Mr. Mandala had engaged in work in contravention of a condition attached to his visa. The decision was made by the Tribunal, presided over by Senior Member John Billings.

The primary legal issue before the Tribunal was whether the discretion to cancel Mr. Mandala's visa should be exercised, given that the ground for cancellation, namely the breach of a visa condition prohibiting work, had been established. The Tribunal was required to consider all relevant circumstances, including government policy and the specific facts of Mr. Mandala's situation, in determining whether to affirm the cancellation decision.

The Tribunal reasoned that the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was made out due to Mr. Mandala's admission of working in breach of his visa condition. While this ground did not mandate cancellation, the Tribunal then considered its discretionary power. It acknowledged Mr. Mandala's medical condition and potential hardship if he could not remain in Australia for treatment, noting that he held a new Bridging C visa without the work restriction. However, the Tribunal weighed against cancellation Mr. Mandala's prior period as an unlawful non-citizen for approximately five years after his Student visa ceased in 2011, for which no satisfactory explanation was provided, and the absence of circumstances beyond his control leading to the visa breach.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Mandala's Bridging C visa granted in November 2016, concluding that, on balance, cancellation was warranted.