1801211 (Migration)

The Administrative Appeals Tribunal considered a migration matter involving the cancellation of a visa holder's Subclass 309 (Spouse (Provisional)) visa. The dispute centred on whether the visa holder's presence in Australia posed a risk to the health, safety, or good order of the Australian community, or to the health or safety of individuals, as contemplated by section 116(1)(e) of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was to determine if the grounds for cancellation under section 116(1)(e) were established. This required the Tribunal to assess the evidence presented, including the fact that the visa holder had been issued with an Apprehended Violence Order, that the parties involved had no contact, and that the associated criminal charges had been dismissed.

The Tribunal reasoned that, after considering all the circumstances, it was not satisfied that the visa holder's presence in Australia constituted a risk to the health, safety, or good order of the Australian community or any individual. Consequently, the Tribunal concluded that the power to cancel the visa under section 116(1)(e) did not arise. The Tribunal therefore set aside the decision under review and substituted a decision not to cancel the applicant's visa.