2113138 (Migration)

This matter concerned an appeal by a man from Fiji against the cancellation of his Bridging A visa by the Department of Home Affairs. The visa had been issued in association with an application for a protection visa. The grounds for cancellation were the applicant's criminal convictions in New South Wales, including common assault, offensive behaviour, assault on paramedics, and domestic violence offences, for which he received an intensive correction order. An apprehended domestic violence order was also in place. The applicant contended that his behaviour was partly attributable to post-traumatic stress disorder, but provided no documentary evidence of psychological treatment or rehabilitation programs.

The legal issues before the Tribunal were whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was made out, and if so, whether the discretion to cancel the visa should be exercised in light of all relevant circumstances. The Tribunal was required to consider factors such as the purpose of the applicant's stay in Australia, his compliance with visa conditions, and the circumstances in which the grounds for cancellation arose.

The Tribunal found that the applicant had been convicted of offences as prescribed by regulation 2.43(1)(oa), thus satisfying the ground for cancellation under section 116(1)(g). In exercising its discretion, the Tribunal noted that while the applicant claimed his behaviour was linked to PTSD, he had not provided evidence of seeking treatment. The Tribunal also considered the nature of the offences, including domestic violence, and the fact that the applicant had not provided substantial information about his personal circumstances or his wife's separate protection visa application. Despite the applicant's assertion that he and his wife had reconciled, and the fact that his protection visa application was under review, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 010 (Bridging A) visa.