1806109 (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Bridging E (Class WE) visa, subclass 050 (Bridging (General)), held by the applicant. The dispute arose from the Minister's decision to cancel the visa under section 116(1)(g) of the Migration Act 1958 (Cth), based on the applicant's criminal convictions.

The Tribunal was required to determine whether the prescribed ground for cancellation under regulation 2.43(p)(i) of the Migration Regulations 1994 was made out, and if so, whether the visa should be cancelled, having regard to all relevant circumstances. The applicant had been convicted in the Local Court of New South Wales in December 2017 for offences including stalking and intimidation with intent to cause fear of physical harm, possession of an unauthorised prohibited firearm, and assault occasioning actual bodily harm.

The Tribunal affirmed the cancellation decision, finding that the applicant's criminal convictions constituted a ground for cancellation. It gave due weight to the government's policy of low tolerance for criminal behaviour by non-citizens. The Tribunal noted the applicant's convictions involved violence and intimidation, including the use of a replica firearm to intimidate a member of the public, and an assault occasioning actual bodily harm. The Tribunal found that the applicant's explanation for possessing the replica firearm was not accepted as an excuse and that his subsequent lack of contact with the victim was likely due to an apprehended violence order rather than a change in behaviour. The Tribunal also considered the applicant's admission of being affected by alcohol during the assault incident. The Tribunal concluded that there were no children in Australia affected by the cancellation.