2204292 (Migration)

This matter concerned an application to the Administrative Appeals Tribunal (the Tribunal) by an applicant seeking review of the cancellation of their Subclass 070 (Bridging (Removal Pending)) visa. The cancellation was based on the ground that the applicant's presence in Australia was or might be a risk to the safety of others, stemming from a criminal conviction and a perceived ongoing willingness to engage in unlawful conduct and disregard for the law, indicating a risk of reoffending.

The Tribunal was required to determine whether the ground for cancellation under section 116 of the Migration Act 1958 (Cth) was satisfied, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal also considered whether cancelling the visa would breach Australia's international obligations.

The Tribunal found that the ground for cancellation under s 116 was satisfied, noting the applicant's criminal conviction and the assessment that the risk of reoffending remained. While acknowledging compelling reasons for the applicant to remain in Australia, including his long-term settlement, family ties, and potential inability to travel to other countries, the Tribunal ultimately gave greater weight to the circumstances that led to the cancellation grounds. The Tribunal concluded that these circumstances, viewed as a whole, warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant's Subclass 070 visa.