A graduate nurse, charged over a botched breast enlargement procedure that led to the death of a beauty salon owner, has won her battle against the cancellation of her visa.
Yueqiong Fu, 30, was charged with manslaughter following the death of Sydney beauty clinic manager Jean Huang in August 2017.
Ms Huang, 35, was the manager of The Medi Beauty Clinic in the inner city suburb of Chippendale, where the breast filler operation took place.
She went into cardiac arrest during the procedure and died two days later at the Royal Prince Alfred Hospital. Yueqiong Fu and Jia Shao, a doctor visiting from China with no Australian qualifications, were both charged following the death.
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Ms Fu is accused of assisting in the procedure without proper qualifications and preparing bags of anaesthetic that were allegedly administered by Ms Shao.
She has denied the claim, saying she acted under her employer Ms Huang’s instructions as well as the instructions from Ms Shao.
Ms Fu was granted bail in October but was sent to Villawood Detention Centre. Her visa, due to expire mid-April, was cancelled that same month on the grounds she posed a risk to community health and safety.
The Administrative Appeals Tribunal (AAT) this week overturned the cancellation, finding that while “the charges are serious” Ms Fu was “highly unlikely” to pose any risk to the community because of the nature of the circumstances involved.
“There is no evidence the applicant is violent or that she has committed or is charged with a violent offence,” said Deputy President of the AAT, Jan Redfern in the findings.
“Her charges involve the unauthorised and unregulated use of anaesthetic in a particular setting. It is difficult to see how this conduct may possibly arise over the next two weeks.
“There is no evidence that the applicant is employed or likely to be employed in a cosmetic clinic over the next two weeks.”
The tribunal also said any fresh applications by the Department of Immigration and Border Force over Ms Fu's visa status were outside its scope of action.
Jia Shao was charged with recklessly causing grievous bodily harm and administering poison. She is alleged to have used the wrong dosage of anaesthetic.
The cause of Jean Huang’s death has not yet been identified.
