2200800 (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Bridging A (Class WA) visa granted to an applicant in conjunction with their application for a protection visa. The applicant had a criminal conviction for unlawful and indecent assault, for which they received a fine, a spent conviction order, and a violence restraining order. The applicant conceded that a ground for cancellation existed but sought to argue against the cancellation itself.

The Tribunal was required to determine whether the ground for visa cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether the applicant's Bridging A visa should be cancelled, having regard to all relevant circumstances. Specifically, the Tribunal needed to assess if the applicant had been convicted of an offence against a law of the Commonwealth, a State, or a Territory, as prescribed by regulation 2.43(1)(oa) of the Migration Regulations 1994.

The Tribunal found that the applicant had indeed been convicted of unlawful and indecent assault, satisfying the prescribed ground for cancellation under section 116(1)(g). As this ground did not mandate cancellation, the Tribunal then exercised its discretion. It considered the applicant's long period of residence in Australia since 2008, their status as a refugee with protection obligations owed by Australia, and the fact that their Bridging A visa was granted to allow them to remain in Australia while their protection visa application was being processed. The Tribunal also noted the absence of specific visa conditions that were breached. Despite these factors weighing against cancellation, the Tribunal ultimately concluded that the visa should be cancelled.

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