1832339 (Migration)

The Administrative Appeals Tribunal considered a decision by the Minister's delegate to cancel the visa of an applicant who had been convicted of various offences. The applicant, who held a Temporary Business Entry (Class UC) Subclass 457 visa, sought review of this cancellation decision.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(e)(i) of the Migration Act 1958 (Cth) was made out. This required the Tribunal to determine if the applicant's presence in Australia posed, or might pose, a risk to the health, safety, or good order of the Australian community or a segment of it. The Tribunal also had to consider whether, having found a ground for cancellation, the visa should be cancelled, taking into account all relevant circumstances.

The Tribunal affirmed the delegate's decision, finding that the applicant's convictions in October 2018 for numerous counts of observations or recordings in breach of privacy, including filming women in toilet and changing room facilities, established a risk to the health, safety, or good order of the Australian community. While acknowledging evidence presented by the applicant, including psychologists' reports suggesting a low chance of re-offending and a wife's miscarriage, the Tribunal concluded that these factors did not negate the "not insignificant" and "real risk" posed by the applicant's conduct. The Tribunal found the delegate's decision to cancel the visa to be correct.