Tran (Migration)

This matter concerned an application by the applicant, Ms Tran, to review the decision to cancel her Subclass 600 (Visitor) visa. The dispute arose from the applicant's alleged breach of visa condition 8101, which prohibits work in Australia. The Administrative Appeals Tribunal, constituted by Member Joseph Lindsay, was required to determine whether the ground for cancellation existed and, if so, whether the visa should be cancelled having regard to all relevant circumstances.

The Tribunal was required to consider whether the applicant had breached visa condition 8101 by working at the Hung Vuong Saigon restaurant. The evidence indicated that Australian Border Force observed the applicant working in the restaurant kitchen, handling food, and that both the applicant and her duty manager admitted she commenced employment on 6 November 2019. Although the applicant initially denied working or receiving payment, she later stated she was at the restaurant to gain experience and learn cooking and management skills. The Tribunal found that the applicant knew she was required to comply with her visa conditions and had not made reasonable inquiries to ascertain whether her intended activities would breach condition 8101.

In exercising its discretion, the Tribunal weighed various factors. It gave high weight in favour of cancellation due to the applicant's knowledge of visa conditions and failure to make reasonable inquiries. While acknowledging the applicant's stated purpose of visiting her daughter and her general compliance with other visa conditions, and noting the potential hardship cancellation would cause, the Tribunal concluded that these factors did not outweigh the seriousness of the breach. Accordingly, the Tribunal affirmed the decision to cancel the applicant's visa.