Wang (Migration)

The Administrative Appeals Tribunal considered the case of Wang (Migration), concerning the cancellation of the applicant's Bridging A (Class WA) visa. The dispute arose after the applicant was found working in Australia, which contravened a condition of her visa. The applicant had been issued the Bridging A visa in relation to a student visa application, which was subsequently refused, with a review application still in progress. At the time of the Tribunal's decision, the applicant held a Bridging E visa.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established. This section permits the Minister to cancel a visa if the holder has failed to comply with a condition of that visa. Specifically, the Tribunal had to determine if the applicant had breached condition 8115, which prohibits engaging in work in Australia other than through a business visitor activity. The Tribunal also had to consider whether, having found a ground for cancellation, the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had indeed breached condition 8115 by engaging in massage work, which was not a business visitor activity. Evidence from Australian Border Force officers indicated the applicant admitted to working and receiving cash payments from clients. The applicant's explanations regarding her understanding of her visa conditions and her work were found to be inconsistent and unconvincing. In exercising its discretion to cancel the visa, the Tribunal had regard to the applicant's background, her reasons for being in Australia, and the circumstances surrounding her non-compliance. The Tribunal noted inconsistencies in her account of her personal and financial circumstances in her home country and her reasons for seeking to remain in Australia.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Bridging A visa.