1828867 (Migration)

The applicant sought review of a decision to cancel their Bridging E (Class WE) visa, Subclass 050 (Bridging (General)). The cancellation was based on the applicant potentially posing a risk to the health, safety, or good order of the Australian community, stemming from criminal charges, mental health issues, and an apprehended domestic violence order against them. The Administrative Appeals Tribunal was required to determine whether the visa should be cancelled, considering the discretionary power available to it.

The Tribunal considered various factors in exercising its discretion. It acknowledged the applicant's compelling need to remain in Australia while awaiting the outcome of a substantive visa application, given their history of torture and persecution in Sri Lanka. The Tribunal also noted the applicant's compliance with visa conditions and the significant hardship, including financial and psychological distress, that cancellation and potential detention would cause to the applicant and their family in Sri Lanka. However, the Tribunal also had regard to the circumstances that led to the cancellation ground, specifically the applicant's potential risk to others, despite the applicant's claims of no recollection of the events leading to the apprehended domestic violence order and assertions of not being a risk.

Ultimately, the Tribunal concluded that, when considering all the circumstances, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant’s Subclass 050 (Bridging (General)) visa.