1802479 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Bridging A (Class WA) visa. The applicant had been convicted of an offence of sexual assault. The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) existed, and if so, whether the discretion to cancel the visa should be exercised.

The Tribunal first considered whether the ground for cancellation was made out. Regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth) provides that a temporary visa may be cancelled if the holder has been convicted of an offence against a law of the Commonwealth, a State or Territory. The applicant confirmed his conviction for sexual assault, and the Tribunal noted that a conviction remains valid unless set aside on appeal. Accordingly, the Tribunal was satisfied that the ground for cancellation existed.

The Tribunal then considered whether to exercise its discretion to cancel the visa. While no specific matters are mandated for consideration, the Tribunal had regard to the circumstances presented by the applicant. These included his concern for his father's welfare in Australia, who was also on a bridging visa and had recently undergone a medical procedure. The applicant also highlighted that his last offence was in 2016, and he expressed remorse and a desire to live a new life. However, the Tribunal noted that remorse was shown only after repeat offending and that alternative care was available for his father. The Tribunal concluded that the decision to cancel the applicant's visa should be affirmed.