2209981 (Migration)

The Administrative Appeals Tribunal considered an appeal by a visa holder against the cancellation of his Bridging C visa. The applicant had been granted this visa in association with an application for a partner visa. The grounds for cancellation arose from a criminal conviction for participation in group criminal activity, specifically driving a vehicle containing a person and equipment for cannabis cultivation, for which he received a community correction order and a good behaviour bond.

The Tribunal was required to determine whether the grounds for cancellation under section 116(1)(g) and regulation 2.43(1)(oa) of the Migration Act 1958 (Cth) were established, and if so, whether to exercise its discretion to cancel the visa. The applicant argued that his circumstances, including the cessation of his studies, his period as an unlawful non-citizen, an unsuccessful substantive visa application, financial difficulties, and the need to support his wife and newborn Australian citizen child, should weigh against cancellation.

The Tribunal found that the applicant was a holder of a Bridging C visa and had been convicted of an offence, thus establishing the grounds for cancellation. In considering the exercise of discretion, the Tribunal noted that while the applicant's purpose for travel was to study, this purpose was not fulfilled. The Tribunal did not accept the applicant's claims regarding poor mental health affecting his studies due to a lack of supporting medical evidence. Although the Tribunal acknowledged that the applicant's relationship with his partner and their child might constitute a compelling need to remain in Australia, it also noted that regardless of the cancellation decision, the applicant would be able to remain in Australia to await the outcome of his partner visa application, having been granted a Bridging E visa with work rights.

Ultimately, the Tribunal concluded that in all the circumstances, the visa should be cancelled and affirmed the decision to cancel the applicant’s Bridging C visa.