1907644 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Bridging A (Class WA) visa of the applicant, a French citizen. The cancellation was based on the ground that the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community, stemming from criminal charges of assault occasioning actual bodily harm and aggravated break and enter. The applicant was on bail awaiting trial for these offences, with his passport surrendered as a condition of bail.

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(e) of the Migration Act 1958 (Cth) was established. This involved assessing whether the applicant's presence in Australia was, or might be, a risk to the health, safety, or good order of the Australian community or an individual. The Tribunal also considered the meaning of "good order of the Australian community" in the context of public order and potential disruption to the observance of the law.

The Tribunal reasoned that while the applicant faced serious criminal charges, there was no evidence presented to support a finding that he posed a risk to the health, safety, or good order of the Australian community or any individual. The applicant had no prior criminal history or history of violence, nor had he breached his bail conditions or any apprehended violence orders. The Tribunal acknowledged the applicant's right against self-incrimination concerning the pending criminal proceedings. Given the lack of evidence establishing a risk, the Tribunal concluded that the ground for cancellation under s.116(1)(e) was not made out.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel his Subclass 010 (Bridging A) visa.