2108412 (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant whose Bridging A (Class WA) visa was cancelled. The applicant had been granted this visa in conjunction with an application for review of a refused protection visa. The cancellation was based on a criminal conviction for breaching an apprehended violence order. The applicant argued against cancellation, highlighting his ongoing relationship with an Australian citizen partner, his intention to marry, the value of his work to his employer, and concerns about his safety in his home country due to the COVID-19 pandemic.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel the applicant's visa under section 116(1)(g) of the Migration Act 1958 (Cth) should be affirmed. This required the Tribunal to determine if a prescribed ground for cancellation existed, specifically the conviction of an offence against Commonwealth, State, or Territory law as set out in regulation 2.43(1)(oa) of the Migration Regulations 1994. If the ground was established, the Tribunal then had to consider whether, in the exercise of its discretion, the visa should be cancelled, taking into account all relevant circumstances.

The Tribunal found that the ground for cancellation was established, as the applicant had been convicted of contravening a prohibition or restriction in an apprehended violence order. While this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. It weighed the applicant's explanations, including the circumstances of the AVO breach, the victim's apparent lack of fear and desire for reconciliation, the applicant's remorse, his pending protection visa review, and his employment situation. The Tribunal also considered the potential hardship to the applicant and his partner if the visa were cancelled. Despite acknowledging the applicant's stated compelling reasons for remaining in Australia and his compliance with visa conditions, the Tribunal ultimately concluded that the circumstances as a whole warranted the affirmation of the cancellation decision.