Zheng and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an appeal by Mr Zheng, a Chinese citizen, against the cancellation of his business visa. Mr Zheng was a dependent on his mother's visa, which was also subject to cancellation. The Department of Home Affairs had notified Mr Zheng of their intention to cancel his visa on the basis that his mother's visa was being cancelled. Despite being invited to do so, Mr Zheng did not provide reasons for why the cancellation would result in extreme hardship. The Administrative Appeals Tribunal was asked to determine whether there were grounds for cancellation and, crucially, whether the cancellation would result in extreme hardship to Mr Zheng, which would preclude cancellation under section 134(5) of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether Mr Zheng would suffer "extreme hardship" if his visa were cancelled, as contemplated by section 134(5) of the Act. This was the sole remaining issue for consideration, as the grounds for cancellation under section 134(4) were satisfied, particularly given that the primary visa holder, Mr Zheng's mother, had not sought review of her own visa cancellation. Mr Zheng's representative argued that his client was suffering severe hardship due to his current life and future studies being in jeopardy, with limited study options in China.

The Tribunal considered the evidence before it, including academic records and medical reports. It found that while Mr Zheng had an adjustment disorder with mixed anxiety and depressed mood, the medical evidence provided was insufficient to establish extreme hardship. The Tribunal concluded that the circumstances presented did not meet the threshold of "extreme hardship" as required by the legislation. Consequently, the Tribunal affirmed the decision to cancel Mr Zheng's visa.