2203882 (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the cancellation of a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant had been granted the visa as a member of the family unit of the primary visa holder. The Minister's delegate had cancelled the visa on the grounds that the applicant's presence in Australia posed a risk to the health and safety of individuals, specifically his former wife and daughter, due to serious criminal charges he faced.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The alleged offences included unlawful acts or omissions with intent to harm, threatening to kill, common assault, and deprivation of liberty against his wife and daughter. The Tribunal also considered the applicant's personal circumstances, including his separation from his ex-wife, a restraining order preventing contact, his desire to see his daughter, and his mental health concerns regarding separation.

The Tribunal found that the ground for cancellation under section 116(1)(e) was made out, noting that the power to cancel a visa can arise on the possibility of past events posing a risk, not requiring certainty. The Tribunal considered the serious nature of the alleged offences and the threats made by the applicant. In exercising its discretion, the Tribunal gave significant weight to the fact that the applicant's Subclass 485 visa was granted based on his relationship with his ex-wife, which had since broken down, and that the visa had expired over two years prior. While acknowledging the applicant's desire to maintain contact with his daughter and his stated intention to contribute to the community, the Tribunal concluded that these factors did not outweigh the risk posed by his alleged conduct and the breakdown of the visa's original purpose.

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