1822068 (Migration)

This matter concerned an appeal by Mr A against the cancellation of his Bridging E visa by a delegate of the Minister. The dispute arose after Mr A was served with a Notice of Intention to Consider Cancellation of a visa and subsequently had his Bridging E visa cancelled on the grounds that he had been convicted of offences in Lebanon in 2014. Mr A had previously applied for a protection visa and a complementary protection visa, both of which had been refused. The Tribunal was required to determine whether grounds existed to cancel Mr A's visa and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal was required to consider two primary issues: first, whether the grounds for cancellation under section 116(1)(g) and regulation 2.43(1)(p)(i) of the Migration Regulations 1994 were made out; and second, if grounds existed, whether the discretion to cancel the visa should be exercised in Mr A's circumstances. The latter required consideration of Direction No. 63, which outlines specific primary and secondary considerations, including the government's view on rigorous application of cancellation grounds and the best interests of any children under 18 in Australia.

The Tribunal found that the ground for cancellation was established, as Mr A had been convicted in his absence in Lebanon in 2014 of terrorism offences, including conspiring against State national security and selling arms, for which he was sentenced to death. Mr A conceded that these grounds existed for the cancellation of his Bridging E visa. In considering the exercise of discretion, the Tribunal had regard to the principles in Direction No. 63, including the government's expectation that bridging visas ought to be cancelled when non-citizens are suspected of criminal behaviour. After carefully considering all relevant circumstances, the Tribunal affirmed the decision to cancel Mr A's Bridging E visa.