1933322 (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of a student visa holder whose visa was cancelled. The applicant, who held a Student (Temporary) (Class TU) visa, subclass 500, had been convicted of family violence and had also failed to pay associated fees, citing financial hardship as the reason for non-payment. The AAT was tasked with reviewing the decision to cancel the applicant's visa.

The primary legal issue before the Tribunal was whether the cancellation of the applicant's student visa was justified, particularly in light of the conviction for family violence and the non-payment of fees. The Tribunal was required to assess whether the applicant posed a risk to the health or safety of an individual, which is a ground for visa cancellation under the *Migration Act 1958* (Cth). The Tribunal also had to consider the applicant's claims of financial hardship as a mitigating factor.

In its reasoning, the Tribunal acknowledged the seriousness of the family violence conviction, noting that such conduct can pose a risk to the safety of others. While the Tribunal accepted that the applicant experienced financial hardship, it found that this did not sufficiently outweigh the risk posed by the applicant's past behaviour. The Tribunal applied the principles of the *Migration Act 1958* (Cth) concerning visa cancellation on character grounds and the assessment of risk. The Tribunal affirmed the decision to cancel the applicant's visa.