2112506 (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning the cancellation of the applicant's Bridging C (Class WC) visa, Subclass 030. The dispute arose from the applicant's criminal conviction and the fact that he was subject to an Apprehended Domestic Violence Order (ADVO) naming his wife and two daughters as protected persons. The Tribunal was tasked with determining whether the decision to cancel the applicant's visa should be affirmed.

The legal issues before the Tribunal included 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 Tribunal also had to consider the applicant's stated intention to remain in Australia to support his family, the limited information available regarding his current family situation, his poor migration history, and his lack of engagement with the review process.

The Tribunal found that the ground for cancellation under section 116(1)(g) was satisfied. In exercising its discretion, the Tribunal noted that much of the information before it was outdated, as the applicant had failed to provide substantive submissions or respond to requests for information. While acknowledging the applicant's desire to remain in Australia with his family, the Tribunal highlighted the insufficient evidence regarding his current relationship and contact with his wife and children, particularly in light of the ADVO. The Tribunal also took into account the applicant's lengthy period of unlawful status in Australia and the circumstances surrounding his initial entry.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Bridging C visa, concluding that, on balance, the visa should be cancelled.