1815624 (Migration)

This matter concerned an appeal by Mr A against the cancellation of his Subclass 050 (Bridging (General)) visa by the Department of Home Affairs. Mr A, a maritime arrival asylum seeker from Pakistan, had applied for a Subclass 790 (Safe Haven Enterprise (Class XE)) visa. He was subsequently charged with two criminal offences, leading to the Department's decision to cancel his bridging visa. The Administrative Appeals Tribunal was required to determine whether the delegate had proper grounds to cancel the visa and, if so, whether the cancellation should be exercised in Mr A's circumstances, as the cancellation was discretionary.

The Tribunal considered several secondary considerations under Direction 63, including the impact on Mr A's family unit, the hardship he might experience, the circumstances of the alleged offences, and the potential consequences of cancellation. Mr A argued that his family in Pakistan, including his wife, young child, and elderly parents, would suffer considerable hardship if his visa remained cancelled, particularly given the difficult living conditions and high costs in Pakistan. He also raised concerns about potential social exclusion from his ethnic community and alluded to non-refoulement obligations.

The Tribunal found that proper grounds for the cancellation of Mr A's visa existed. In exercising its discretion, the Tribunal acknowledged Mr A's financial support for his family in Pakistan, though the extent of this support was not entirely clear. While Mr A's family unit was already separated, the Tribunal considered the potential hardship to his extended family. Ultimately, the Tribunal affirmed the decision to cancel Mr A's visa, concluding that in his circumstances, the visa should remain cancelled.