1927672 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Bridging E (Class WE) visa was cancelled. The applicant had an application for a Safe Haven Enterprise Visa in progress and had two criminal convictions, for which a community corrections order was imposed. The applicant was also in immigration detention.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel the applicant's visa under section 116(1)(g) of the Migration Act 1958 (Cth) should be affirmed. This required the Tribunal to first determine if a prescribed ground for cancellation existed, and if so, to consider whether the visa should be cancelled having regard to all relevant circumstances, including government policy and any discretionary factors. The Tribunal was satisfied that the ground for cancellation, specifically regulation 2.43(p)(i) of the Migration Regulations 1994, was made out due to the applicant's criminal convictions.

The Tribunal reasoned that while the cancellation of a Bridging E visa is not a cancellation of a substantive visa, it still required a consideration of discretion. The Tribunal acknowledged several factors weighing against cancellation, including the negative impact on the applicant's family unit, the close relationship with his children and grandchildren in Australia, and the financial and emotional hardship the applicant and his family would experience. The applicant's depression and alcohol dependence, exacerbated by detention, were also considered significant hardships. However, after considering all circumstances, the Tribunal concluded that the visa should be cancelled.

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