2213956 (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Bridging E (Subclass 050) visa held by a citizen of Kenya. The applicant had arrived in Australia in 2013, applied for a Protection visa, which was refused and subsequently remitted for further consideration by the Tribunal. The applicant was later convicted of two counts of assaulting a public officer, leading to his imprisonment and the cancellation of his Bridging E visa.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(p)(i) of the Migration Regulations 1994 were met. This involved assessing if the applicant, as a holder of a Bridging E visa, had been convicted of an offence against an Australian law. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to the relevant circumstances and Direction No. 63, which outlines primary and secondary considerations for such decisions.

The Tribunal found that the ground for cancellation was established, as the applicant had been convicted and sentenced for assaulting a public officer. While this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. It noted the government's view that prescribed grounds for cancellation should be applied rigorously and considered the best interests of any children, of which there were none in this case. The Tribunal also weighed secondary considerations, including the impact on the applicant's family in Australia, his desire to prepare for his protection visa hearing, and his claims of rehabilitation. Despite acknowledging the applicant's family ties and his stated intention to access documents for his protection claim, the Tribunal concluded that the seriousness of the offending conduct outweighed these factors.

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