1721766 (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 444 (Special Category) visa. The cancellation was based on the ground that the applicant's presence in Australia posed a risk to the health or safety of individuals. The Tribunal was required to determine whether this ground for cancellation was established and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal considered the applicant's criminal history, which included convictions for serious domestic violence-related charges in 2017, as well as other offences dating back to 2001. The Tribunal found that the evidence, including a Verdict and Judgment Record and documentation from State Police, satisfied the ground for cancellation under section 116(1)(e)(ii) of the Migration Act 1958 (Cth), which pertains to risks to the health or safety of individuals. The Tribunal then considered whether to exercise its discretion to cancel the visa, taking into account submissions made by the applicant regarding hardship to himself and his partner, and his ability to pursue legal proceedings for alleged injuries sustained in a correctional centre.

In exercising its discretion, the Tribunal weighed the applicant's arguments against factors such as his prior experience living in New Zealand and his ability to provide medical information to overseas practitioners. While acknowledging potential difficulties for the applicant in New Zealand due to his age, recent medical condition, and unfamiliarity with the country, the Tribunal found these difficulties were not insurmountable, particularly given his past experience of relocating. Ultimately, the Tribunal concluded that, considering all the circumstances, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's Subclass 444 visa.