2203745 (Migration)

This matter concerned the review of the cancellation of the applicant's Bridging visa A (BVA) by the Department of Home Affairs. The applicant, a Fijian national, had arrived in Australia in 2012 and was granted a BVA in conjunction with a Partner visa application. His Partner visa was ultimately refused after his sponsor withdrew support due to the breakdown of their relationship. The cancellation of the BVA was initially notified in September 2016, based on a criminal conviction from March 2014, but the Department later determined the applicant had not been correctly notified. The applicant was renotified in March 2022 and subsequently applied for a review of the cancellation decision with the Tribunal.

The Tribunal was required to determine whether the ground for cancellation under s. 116(1)(g) of the Migration Act 1958 (Cth) was made out, and if so, whether the visa should be cancelled, having regard to all relevant circumstances. The applicant had been convicted of offences in March 2014, and subsequently faced further charges and convictions, including one that led to a period of imprisonment. The Tribunal also had to consider the applicant's submissions regarding his ongoing medical treatment, mental health issues, family support, and financial hardship, as well as Australia's international obligations.

The Tribunal found that the ground for cancellation under s. 116(1)(g) was established due to the applicant's criminal convictions. While acknowledging the applicant's significant health issues, including planned surgery and ongoing medical treatment, and the impact of prolonged immigration detention on his mental health, the Tribunal ultimately concluded that these factors were outweighed by the seriousness of his convictions and repeated criminal behaviour. The Tribunal noted that the applicant's original purpose for remaining in Australia, related to his Partner visa, had ended, and his subsequent applications for other visas had been unsuccessful. Despite considerable sympathy for the applicant's health circumstances and the quality of healthcare available in Fiji, the Tribunal determined that the nature and circumstances of his convictions warranted the cancellation of his visa.

The Tribunal affirmed the decision to cancel the applicant's Bridging visa A.