1926586 (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the applicant's Subclass 010 (Bridging A) visa. The dispute arose from the Minister's satisfaction that the applicant's presence in Australia posed a risk to the health or safety of individuals, a ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e) was made out. 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 individuals. The Tribunal also considered the meaning of "good order of the Australian community" in light of existing case law, which suggests it concerns activities with a public impact or those disruptive to the administration of law or public values.

The Tribunal reasoned that the Department had subsequently granted the applicant a further Bridging visa, finding that he would not engage in criminal conduct. This subsequent finding, made after the applicant had been charged with a criminal offence, tended to undermine the earlier assessment that his presence posed a risk. The Tribunal concluded that if the Department was satisfied the applicant would not engage in criminal conduct, it indicated a belief that the alleged criminal conduct would not be repeated. Consequently, the Tribunal was not satisfied that the ground for cancellation under section 116(1)(e) existed.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 010 (Bridging A) visa.