1820785 (Migration)

This matter concerned an appeal by Mr A against the decision of the Minister to cancel his Subclass 188 (Business Innovation and Investment (Provisional)) visa. The dispute arose from Mr A's commission of family violence multiple times, which the Minister determined constituted a ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth). The Administrative Appeals Tribunal was required to consider whether this ground for cancellation was made out and, if so, whether the visa should be cancelled.

The primary legal issue before the Tribunal was whether Mr A's presence in Australia posed, or might pose, a risk to the health or safety of individuals, specifically his wife and children, as contemplated by section 116(1)(e) of the Act. The Tribunal also had to exercise its discretion as to whether the visa should be cancelled, considering all relevant circumstances, including the degree of hardship that cancellation might cause to Mr A.

The Tribunal reasoned that the ground for cancellation under section 116(1)(e) was established, finding that Mr A's actions constituted family violence and that his presence in Australia presented a risk to the health and safety of his wife and children. The Tribunal noted that the threshold for establishing such a risk is not high, requiring only a possibility of harm. In exercising its discretion regarding cancellation, the Tribunal weighed various factors, including Mr A's stated remorse, his desire to remain in Australia for his family's future, and his compliance with visa conditions, against the seriousness of the family violence offences and the risk posed. The Tribunal concluded that the commercial and financial consequences of cancellation, even when considered with other factors favouring Mr A, were insufficient to outweigh the grounds for cancellation.

Consequently, the Tribunal affirmed the decision to cancel Mr A's visa.