2218403 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Bridging E (Class WE) visa, Subclass 050 (Bridging (General)). The applicant, who arrived in Australia as an unauthorised maritime arrival from Sri Lanka, had previously applied for a Safe Haven Enterprise visa, which was refused. The cancellation of his bridging visa was based on his conviction for serious offences, including breaching visa conditions not to engage in criminal conduct and not to breach the code of behaviour. The applicant claimed he feared for his personal safety if returned to Sri Lanka due to threats from a political group.

The Tribunal was required to determine whether the cancellation of the applicant's bridging visa was justified, considering the relevant primary and secondary considerations, including the applicant's claims of fear for his safety and the circumstances of his criminal conviction. The Tribunal also had regard to the Department's Procedures Advice Manual and the Direction on the exercise of powers under the Migration Act 1958 (Cth).

The Tribunal gave significant weight in favour of cancellation to the applicant's criminal conviction, finding his explanation of the incident leading to his conviction to be implausible, particularly given the period of incarceration he served. The Tribunal also gave significant weight to the breach of visa conditions prohibiting criminal conduct. While acknowledging the applicant's stated fear of returning to Sri Lanka due to the TMVP political group, the Tribunal found this claim to be less compelling in light of the other considerations. The Tribunal applied the principle that primary considerations should generally be given greater weight than secondary considerations, and that information from independent and authoritative sources should generally be given greater weight.

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