1804847 (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Partner (Provisional) (Class UF) visa, Subclass 309, held by the applicant. The dispute arose from the Minister's decision to cancel the visa, which the applicant sought to have set aside.

The Tribunal was required to determine whether the applicant's presence in Australia posed a risk to the health or safety of an individual, as contemplated by section 116(1)(e) of the Migration Act 1958 (Cth). This involved assessing whether the grounds for cancellation, including an assault charge against her husband and an Apprehended Violence Order, were sufficiently established and whether any mitigating circumstances justified retaining the visa.

The Tribunal reasoned that while the power to cancel a visa under section 116(1)(e) can arise on the possibility of past events, it must be satisfied that the grounds for cancellation are made out. In this instance, the Tribunal noted evidence of a bruised eye sustained by the applicant during an argument with her husband, and a Final Apprehended Domestic Violence Order against her. However, it also considered evidence of the applicant's participation in a good behaviour bond, her conversion to Christianity, and her efforts to complete the terms of that bond. The Tribunal found that the grounds for cancellation were not sufficiently established to warrant the cancellation of the visa, particularly in light of the mitigating factors presented.

The Tribunal set aside the decision under review and remitted the matter to the Minister for reconsideration according to law.