1805470 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 573 Higher Education Sector (Student) visa of the applicant. The dispute centred on whether the applicant posed a risk to the Australian community due to his criminal history, which included violence and breaches of an apprehended violence order, as well as pending criminal charges. The applicant contended that visa cancellation would cause significant financial hardship, including the loss of his scholarship and inability to complete his studies, and argued he had otherwise complied with his visa conditions.

The Tribunal was required to determine if the ground for cancellation under s.116(1)(e) of the Migration Act 1958 (Cth) was satisfied, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal considered the applicant's disregard for Australian law, his conduct demonstrating little regard for the safety and wellbeing of others, and concluded that his presence in Australia could pose a risk to the safety or good order of the community or individuals.

In exercising its discretion, the Tribunal had regard to the applicant's stated purpose of study in Australia, his financial support through a scholarship, and the significant hardship he would face if his visa were cancelled, including the potential loss of his scholarship and inability to complete his education. Despite acknowledging the potential hardship and the absence of non-compliance with visa conditions, the Tribunal found that the grounds for cancellation outweighed the grounds for reinstatement. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.