1808326 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Bridging E visa. The applicant had been charged with multiple criminal offences, including an alleged assault on their then-partner who was pregnant at the time of the incident. The applicant was also serving an eight-month sentence of imprisonment.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(p)(ii) of the Migration Regulations 1994 was made out, and if so, whether the applicant's Bridging E visa should be cancelled. This involved considering the prescribed grounds for cancellation and exercising discretion in accordance with Direction No. 63.

The Tribunal found that the applicant had been charged with multiple criminal offences, satisfying the prescribed ground for cancellation. In exercising its discretion, the Tribunal applied Direction No. 63, which mandates consideration of the government's view that prescribed grounds for cancellation should be applied rigorously and the best interests of any children under 18 affected by the cancellation. While the Tribunal acknowledged the potential impact on a child if the applicant were the biological father, it noted a lack of definitive information regarding the child's birth and the applicant's paternity. The Tribunal also considered the seriousness of the alleged criminal behaviour and the government's low tolerance for criminal conduct by non-citizens on temporary visas.

The Tribunal affirmed the decision to cancel the applicant's Bridging E visa.