1815337 (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a Subclass 572 Vocational Education and Training Sector visa held by an applicant. The decision under review was made by the delegate of the Minister, who had cancelled the applicant's visa.

The primary legal issue before the Tribunal was whether the applicant's visa was liable for cancellation under section 116(1)(e) of the *Migration Act 1958* (Cth). This section permits cancellation if the Minister is satisfied that the holder of the visa has been charged with, or convicted of, an offence against a law of the Commonwealth or of a State or Territory, and the Minister reasonably suspects that the person has been convicted of an offence or offences, and the Minister is satisfied that the person is a risk to the Australian community.

The Tribunal found that while the applicant had faced a serious criminal charge, the prosecution had not proceeded. Consequently, the allegations and the evidence supporting them remained untested in a court of law. The Tribunal noted that there were no other convictions or charges against the applicant. In light of these circumstances, the Tribunal was not satisfied that the ground for cancellation under section 116(1)(e) was established.

Accordingly, the Tribunal set aside the delegate's decision to cancel the applicant's visa and substituted a decision not to cancel the visa.