Truong (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 600 (Visitor) visa. The applicant had been denied entry to Australia, and the Department had subsequently cancelled his visa. The applicant contended that the grounds for cancellation were not met.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established. Specifically, the Tribunal had to consider whether the prescribed ground under regulation 2.43(1)(ja) of the Migration Regulations 1994 (Cth) applied, which relates to a visa holder not having, or having ceased to have, an intention only to visit Australia as a tourist or to engage in a business visitor activity, in the case of a Subclass 600 (Visitor) visa in the Frequent Traveller stream.

The Tribunal reasoned that the applicant had applied for and been granted a Visitor visa in the Tourist stream, not the Frequent Traveller stream. As regulation 2.43(1)(ja) specifically applies only to the Frequent Traveller stream, it could not be invoked to cancel the applicant's visa. The Tribunal noted that another prescribed ground, regulation 2.43(1)(j), might potentially apply to a Tourist stream visa, but found that even if the applicant's purpose involved cooking or judging, it was unlikely to fall foul of this broad provision. Consequently, the Tribunal was not satisfied that the ground for cancellation under section 116(1)(g) was made out.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 600 (Visitor) visa.