1835744 (Migration)

This matter concerned an application for judicial review of a decision to affirm the cancellation of the applicant's Subclass 050 (Bridging (General)) visa. The applicant, an unauthorised maritime arrival who had been in Australia since June 2016, had been refused a protection visa and was seeking judicial review of that decision. The cancellation of his bridging visa was based on allegations of serious criminal conduct.

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, specifically in relation to regulation 2.43(1)(p)(ii) of the Migration Regulations 1994. This regulation permits cancellation if the applicant has been charged with a prescribed offence. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to Direction No. 63, which outlines the primary and secondary considerations to be weighed in such circumstances.

The Tribunal found that the applicant had been charged with grievous bodily harm under section 320 of the Criminal Code (Qld), a serious offence involving allegations of extreme violence. Although the applicant denied the full extent of the allegations, he did not dispute being charged. The Tribunal noted that there were no children under 18 in Australia who would be affected by the cancellation. While the applicant's partner claimed she would suffer hardship if he were detained or deported, her evidence was not given orally. Applying Direction No. 63, the Tribunal gave significant weight to the seriousness of the charge as a primary consideration. Considering all the circumstances, including the lack of impact on a family unit in Australia and the gravity of the criminal charge, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 050 (Bridging (General)) visa.