2013597 (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Bridging B (Class WB) visa of an applicant. The dispute arose from the Minister's satisfaction that the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community, a ground for visa cancellation under section 116(1)(e)(i) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e) of the Act 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 to the health or safety of individuals. The Tribunal also had to consider the relevant circumstances and government policy if the ground for cancellation was established.

The Tribunal reasoned that while the power to cancel a visa under section 116(1)(e) can arise on the possibility of risk, the expression "good order of the Australian community" requires an element of disruption to the administration of law or public disruption. In this case, the applicant had responded to an online advertisement, believing he was engaging with someone seeking assistance for a minor, but the advertisement was a sting operation by undercover police, and the minor was fictitious. The applicant was arrested when attempting to discuss the matter further. Despite this, the Tribunal found that the ground for cancellation under section 116(1)(e) was not satisfied.

Consequently, the Tribunal set aside the decision to cancel the applicant's Subclass 020 (Bridging B) visa and substituted a decision not to cancel the visa.