1818931 (Migration)

The applicant, a holder of a Student (Temporary) (Class TU) visa, subclass 500, sought review of a decision to cancel his visa. The cancellation was based on the ground that he posed a risk to the safety of the Australian community or individuals, stemming from charges of indecent assault on three occasions, including against a young girl. The applicant had pleaded guilty to these charges. The decision under review was made by the Tribunal, presided over by Denis Dragovic.

The primary legal issue before the Tribunal was whether the applicant's conduct satisfied the ground for visa cancellation under section 116(1)(e)(i) of the Migration Act 1958 (Cth), which relates to a risk to the safety of the Australian community or an individual. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors including the purpose of the visa grant, the degree of hardship, and any non-refoulement obligations.

The Tribunal found that the applicant's actions, including being charged with indecent assault on multiple occasions and his lack of remorse, demonstrated a pattern of behaviour. Despite the applicant's explanations for his conduct, the Tribunal found them unconvincing and noted that his guilty plea did not negate the commission of the acts. Consequently, the Tribunal was convinced that the applicant's behaviour posed a risk to a segment of the Australian community, specifically women. In considering the discretionary elements, the Tribunal gave little weight to the applicant's purpose for being in Australia, as he had already completed his primary course of study. Substantial weight was given in favour of cancellation due to the pattern of behaviour, the lack of regret, and the fact that victims included a minor, outweighing the applicant's compliance with other visa conditions.

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