1803868 (Migration)

This matter concerned an application to review the cancellation of a Bridging E (Class WE) visa held by the applicant. The Minister had cancelled the visa under section 116(1)(g) of the *Migration Act 1958* (Cth) on the grounds that the applicant had been charged with a number of criminal offences. The applicant sought to have this cancellation decision set aside.

The primary legal issue before the Tribunal was whether the cancellation of the applicant's Bridging E visa was justified, having regard to the prescribed grounds for cancellation and the relevant considerations outlined in Direction No. 63. This involved determining whether the ground for cancellation existed and, if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to weigh the Government's view that prescribed grounds for cancellation should be applied rigorously against secondary considerations, such as the hardship to the visa holder and their family.

The Tribunal found that the ground for cancellation under section 116(1)(g) of the Act was established, as the applicant conceded he had been charged with criminal offences. In exercising its discretion, the Tribunal considered the applicant's submissions regarding his desire to return to work, assist his family, his father's illness, his separation from his wife, and the potential difficulty in obtaining employment in his home country. The Tribunal also noted the applicant's young age, the eight months of detention already served, the uncertain period of further detention, and the potential impact on his ability to obtain bail. However, the Tribunal determined that these factors were outweighed by the primary consideration that the prescribed grounds for cancellation should be applied rigorously. The Tribunal emphasised the Government's low tolerance for criminal behaviour by non-citizens and the expectation that Bridging E visas should be cancelled when a person is charged with a criminal offence, particularly given the serious nature of the allegations. The Tribunal concluded that the visa should be cancelled.