1936460 (Migration)

The Administrative Appeals Tribunal affirmed the decision of the Minister to cancel the Applicant's Student (Temporary) (Class TU) visa, subclass 500 (Student). The cancellation was based on the Applicant's conviction for drug-related offences, which resulted in a Community Corrections Order. The Applicant sought review of this decision.

The Tribunal was required to determine whether the Minister's discretion to cancel the visa had been exercised correctly, considering the Applicant's circumstances. Specifically, the Tribunal had to assess the purpose of the Applicant's stay in Australia, their relationship with their partner, the impact of COVID-19 travel restrictions in Italy on their ability to return home, and the degree of hardship that cancellation would impose. The Tribunal also considered the circumstances under which the ground for cancellation arose, including the Applicant's guilty plea.

In its reasoning, the Tribunal acknowledged the Applicant's guilty plea and the imposition of a Community Corrections Order, which indicated a conviction for an offence. The Tribunal found that the Applicant had not discharged the onus of proof that rested upon them to demonstrate that the Minister's discretion to cancel the visa should not be exercised. While acknowledging the hardship the Applicant might face, particularly due to travel restrictions and their relationship, the Tribunal concluded that these factors did not outweigh the seriousness of the offending conduct and the need to maintain the integrity of the migration program. The Tribunal affirmed the decision under review.