2211684 (Migration)

This matter concerned the cancellation of a Bridging E (Class WE) visa granted to the applicant in conjunction with a protection visa application, which was currently before the Federal Circuit and Family Court of Australia. The Minister had sought to cancel the visa under section 116(1)(g) of the Migration Act 1958 (Cth) due to the applicant's criminal convictions, which included acts of violence towards his ex-partner. The applicant had received a suspended sentence and was in immigration detention.

The primary legal issue before the Tribunal was whether the grounds for cancellation existed and, if so, whether the discretion to cancel the applicant's Bridging E visa should be exercised. The Tribunal was required to consider the relevant provisions of the Migration Act and Regulations, specifically section 116(1)(g) and regulation 2.43(p)(i), and to comply with Direction No. 63, which outlines the considerations for cancelling Bridging E visas on these grounds.

The Tribunal found that the ground for cancellation was made out, as the applicant had been convicted of the specified offences. In exercising its discretion, the Tribunal considered the primary considerations under Direction No. 63, including the government's view that prescribed grounds for cancellation should be applied rigorously and the best interests of any children affected. The Tribunal noted that the applicant had no children, thus this primary consideration was neutral. Among the secondary considerations, the Tribunal acknowledged the applicant's remorse, his previous good character and employment record, and his concerns about prolonged detention. It also noted that the applicant's protection visa application was scheduled for a final hearing in the Federal Circuit and Family Court within two months. Despite the seriousness of the convictions, the Tribunal gave weight to the applicant's expressions of remorse and his plan to reside with his aunt and uncle upon his release.

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