2106553 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to cancel the protection visa of an applicant who had been convicted of several offences. The applicant, who is of Hazara ethnicity, argued that his visa cancellation should be set aside due to his personal rehabilitation efforts, the current dangerous security situation in Afghanistan under Taliban control, his indefinite period in detention, and concerns regarding family unity, homelessness, and mental health.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The applicant contended that his personal circumstances, including his remorse, commitment to rehabilitation, and the perilous situation in his home country, warranted the revocation of the cancellation decision.

The Tribunal found that the ground for cancellation under section 116(1)(g) was established. However, the Tribunal then considered the exercise of its discretion. It had regard to the applicant's evidence of remorse, his commitment to rehabilitation through courses and seeking support from community organisations, and his intention to find employment. Crucially, the Tribunal also considered evidence from the applicant's case notes, which confirmed his cooperative and polite behaviour in prison and indicated he had not been involved in any disturbances. The Tribunal noted the applicant's stated desire for a second chance to prove himself and make amends for his past actions.

The Tribunal set aside the decision under review and substituted a new decision that the applicant's visa not be cancelled.