1804798 (Migration)

The applicant, a New Zealand national who had resided in Australia since 1986, sought review of the decision to cancel his Subclass 444 (Special Category) visa. The cancellation was based on the Minister's satisfaction that the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community, pursuant to section 116(1)(e) of the Migration Act 1958 (Cth). The dispute before the Tribunal concerned whether the ground for cancellation was established and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal was required to determine if the applicant's presence in Australia constituted a risk to the health, safety, or good order of the Australian community. This involved interpreting the phrase "good order of the Australian community" in light of established case law, which suggests it encompasses activities that impact public order, disrupt the administration of law, or create difficulties in relation to societal values. The Tribunal also had to consider the applicant's extensive criminal history, including drug use and domestic violence offences, and weigh this against submissions regarding his ties to Australia, employment history, and the potential hardship cancellation might cause to himself and his partner.

The Tribunal reasoned that the applicant's lengthy and escalating criminal history, particularly from 2016 to 2018, which included actual imprisonment and multiple domestic violence offences, established the ground for cancellation under section 116(1)(e). The Tribunal found that the applicant's drug use and history of domestic violence, despite his long residence in Australia and familial connections, presented a risk to the good order of the community. While acknowledging the potential hardship to the applicant and his partner, the Tribunal gave this less weight due to the applicant's criminal conduct and the ongoing domestic violence orders. Ultimately, the Tribunal concluded that the circumstances warranted the exercise of discretion to cancel the visa.

The Tribunal affirmed the decision to cancel the applicant's Subclass 444 (Special Category) visa.