1733134 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 444 (Special Category) visa. The dispute arose from the Minister's decision to cancel the visa under section 116(1)(e)(ii) of the Migration Act 1958 (Cth), which allows for cancellation if the visa holder's presence in Australia poses a risk to the safety of individuals or the good order of the Australian community. The applicant sought review of this decision.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the visa should be cancelled, considering all relevant circumstances. Specifically, the Tribunal had to assess if the applicant's criminal history, spanning over 20 years and including various offences, presented a risk to the safety of individuals or the good order of the community. It also had to consider the applicant's personal circumstances, including his long-term residence in Australia, his family ties, and any potential hardship that cancellation might cause, in exercising its discretion.

The Tribunal reasoned that the applicant's extensive criminal record, supported by police documents, established the ground for cancellation under section 116(1)(e)(ii), as it indicated a potential risk to the safety of individuals. While acknowledging the applicant's 19 years of residence in Australia, his nine children and three grandchildren residing there, and the emotional hardship cancellation would cause, the Tribunal found these factors insufficient to outweigh the risk posed by his criminal history. The Tribunal noted the availability of rehabilitation services in New Zealand and found no compelling evidence of psychological hardship if the visa were cancelled. The Tribunal also accorded little weight to potential financial hardship due to the applicant's inconsistent employment history.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Subclass 444 (Special Category) visa, concluding that, on balance, the circumstances warranted cancellation.