1835389 (Migration)

The Administrative Appeals Tribunal considered the case of a Vietnamese citizen whose Subclass 050 (Bridging (General)) visa was cancelled. The applicant arrived in Australia as an unauthorised maritime arrival in 2013 and had resided in Australia on a bridging visa since then, with an application for a substantive visa pending. The cancellation was based on criminal convictions, including contravention of a police protection notice, possession of dangerous drugs, and multiple contraventions of a domestic violence order, including an aggravated offence and common assault.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(g) of the *Migration Act 1958* (Cth) were made out, and if so, whether to affirm the decision to cancel the applicant's visa. This involved assessing whether the applicant's criminal convictions constituted a prescribed ground for cancellation under regulation 2.43(1)(p)(i) of the *Migration Regulations 1994* (Cth). The Tribunal also had to consider the discretionary power to cancel the visa, having regard to all relevant circumstances, including government policy as outlined in Direction No. 63.

The Tribunal found that the ground for cancellation under section 116(1)(g) was established due to the applicant's recorded convictions. The applicant admitted that grounds for cancellation existed but expressed remorse, claiming a lack of understanding regarding the conditions of the domestic violence order and his visa applications. However, the Tribunal found his explanations concerning, noting his apparent unwillingness to engage with the legal framework surrounding his visa conditions and the domestic violence order. This lack of awareness or situational awareness, coupled with his criminal history, led the Tribunal to conclude that he might continue to breach visa conditions if released from detention. The Tribunal weighed the primary considerations under Direction No. 63, including the government's view on rigorous application of cancellation grounds and the best interests of any children, against secondary considerations such as hardship and the circumstances of the offences.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Subclass 050 (Bridging (General)) visa, concluding that the cancellation was warranted given the totality of the circumstances.