2002595 (Migration)

The applicant, a citizen of Papua New Guinea, sought review of the cancellation of his Bridging Visa A by the Department. The cancellation was based on the ground that his presence in Australia posed a risk to the safety of the Australian community or individuals, specifically relating to allegations of domestic violence and charges of assault. The applicant had been in custody since October 2018 following these charges.

The primary legal issue before the Tribunal was whether the applicant's Bridging Visa A should be cancelled under section 116(1)(e) of the Migration Act 1958 (Cth), and if so, whether the discretion to cancel should be exercised. This involved determining if the applicant's presence in Australia was or might be a risk to the health, safety, or good order of the Australian community or an individual, and then considering all relevant circumstances in exercising the cancellation discretion.

The Tribunal found that the ground for cancellation under section 116(1)(e)(i) was established, noting that the power to cancel can arise from a possibility of past events. In exercising its discretion, the Tribunal considered the applicant's submissions, including his claims of self-defence, his pending court case, his relationship with his Australian daughter, and his alleged fear of returning to Papua New Guinea. However, the Tribunal found that the applicant's protection visa application, which was still pending, meant that cancellation of his bridging visa would not lead to his immediate removal. Furthermore, the Tribunal noted that the applicant's daughter had been removed from his care in 2015, with full parental rights granted to her carers, and that there was no evidence of a change in this situation or any ongoing Family Court proceedings. The Tribunal concluded that the reasons for cancellation outweighed the reasons against it.

The Tribunal affirmed the decision to cancel the applicant's Subclass 010 (Bridging A) visa.