1902129 (Migration)

This matter concerned an application to review the cancellation of the applicant's Subclass 500 (Student) visa. The applicant, who had travelled to Australia from China in 2016 to study a bachelor's degree, was convicted in August 2018 of common assault, injury of property, breaching a family violence order, and breaching bail conditions. The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal considered the convictions, which involved the applicant deliberately driving his vehicle into his former girlfriend's car on two occasions, damaging her vehicle, and breaching a family violence order by messaging her. The applicant pleaded guilty to all charges. The Tribunal was satisfied that these convictions constituted a prescribed ground for cancellation under regulation 2.43(1)(oa) of the Migration Regulations 1994, thus establishing the ground under section 116(1)(g) of the Act.

In exercising its discretion, the Tribunal had regard to the applicant's circumstances, including his purpose for being in Australia, his commitment to his studies, and the evidence of his good character and work ethic provided by references from his education provider and employer. However, the Tribunal gave minimal weight to the applicant's claim of a compelling need to remain in Australia to complete his studies, finding he could complete them in his home country. The Tribunal also considered the seriousness of the offending conduct, particularly the common assault and breach of a family violence order, and concluded that, on balance, the circumstances warranted the cancellation of the visa.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.