2016932 (Migration)

This matter concerned an application to review the cancellation of the applicant's Bridging C (Class WC) visa, Subclass 030. The applicant had been convicted of offences against the laws of Victoria. The decision under review was made by the Minister, who had the power to cancel a visa under section 116 of the Migration Act 1958 (Cth) if satisfied that certain grounds were met. The applicant appeared before the Tribunal via video link, with the assistance of an interpreter.

The primary legal issue before the Tribunal was whether the grounds for cancelling the applicant's visa existed, and if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to determine if the applicant had been convicted of an offence against a law of the Commonwealth, a State, or Territory, as prescribed by regulation 2.43(1)(oa) of the Migration Regulations 1994. If this ground was established, the Tribunal then had to consider all relevant circumstances in deciding whether to affirm the cancellation.

The Tribunal found that the applicant had indeed been convicted of offences against the laws of Victoria, satisfying the ground for cancellation under section 116(1)(g) and regulation 2.43(1)(oa). As this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. It had regard to the applicant's reasons for remaining in Australia, including awaiting the determination of a protection visa application and the presence of his wife and child. However, the Tribunal noted a Family Violence Interim Intervention Order remained in force to protect the safety of his wife and child, and the applicant had provided no persuasive evidence to suggest this order would be withdrawn. The Tribunal concluded that the circumstances, individually or cumulatively, did not carry sufficient weight to exercise its discretion not to cancel the visa.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Bridging C visa.