The applicant arrived in Australia on a Business ETA. After arriving in Australia she was granted a Subclass 457 Temporary Business Visa soon after. After awhile, due to unforeseen circumstances she was forced to resign from her position and her 457 visa was cancelled. The applicant then returned to the UK.

Soon after, the applicant decided to come back to Australia to finalise some arrangements with her previous employers and to collect salaries which were owing to her. The applicant attempted to apply for a tourist visa online, however the online system showed that she already had a valid Business ETA and did not need to apply for another visa. The applicant eventually arrived in Australia with no problems.

Whilst the applicant was in Australia, she was informed that she had breached a condition of her visa and her visa may be cancelled.

We assisted the applicant in preparing a submission in response to the proposed cancellation. We argued that the applicant’s visa should not be cancelled despite the breach of condition as this breach was unintentional – she had been forced to resign from the company.

We argued that the applicant would suffer considerable hardship if her visa was cancelled as she would lose valuable business contacts and relationships that she had formed in Australia. Furthermore, she was the sole breadwinner for the family and there would be significant hardship placed on the family should her visa be cancelled.

Our arguments were successful and the applicant was allowed to remain in Australia.