1921797 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 010 (Bridging A) visa. The applicant had been charged with a number of offences involving inappropriate sexual conduct towards minors and was subject to an Apprehended Violence Order (AVO). The primary ground for cancellation was that the applicant's presence in Australia posed a risk to the safety of the Australian community or an individual.

The Tribunal was required to determine whether the visa should be cancelled, considering the discretion afforded to it under the relevant legislation. This involved assessing whether there was a compelling need for the applicant to remain in Australia, the degree of hardship that cancellation would cause, and any non-refoulement obligations. The Tribunal also considered the best interests of children and the applicant's character references.

In its reasoning, the Tribunal acknowledged the applicant's stated purpose for holding the Bridging A visa, which was to await the outcome of a substantive visa application. However, it noted that the cancellation of the Bridging A visa would not affect the substantive visa application. The Tribunal found that while the applicant had lived in Australia since 2008 and expressed a desire to remain, he had never held a permanent visa. The Tribunal was not satisfied that the applicant's relationship with his daughter constituted a compelling need to remain in Australia, particularly given the lack of recent contact and his wife's apparent reluctance to facilitate contact. The Tribunal placed greater weight on the serious nature of the charges, the existence of the AVO, and the fact that the visa in question was temporary.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Bridging A visa, concluding that, on the balance of all circumstances, cancellation was warranted.