2218914 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Bridging E (Class WE) visa. The dispute arose after the applicant was convicted of multiple offences, leading the Minister to consider cancelling his visa under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(p)(i) of the Migration Regulations 1994 (Cth), which permit cancellation where an applicant has been convicted of an offence.

The Tribunal was required to determine whether the grounds for cancellation were made out and, if so, whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances. This involved assessing the applicant's criminal history, which included offences such as unlicenced driving, driving an unregistered vehicle, producing an altered driver's licence, attempted burglary, and aggravated burglary involving a violent assault. The Tribunal also had to consider the primary considerations outlined in Minister's Direction No. 63, specifically the government's view on rigorous application of cancellation grounds and the best interests of any Australian children affected by the cancellation, as well as secondary considerations such as the impact on the family unit and the hardship to the visa holder.

In its reasoning, the Tribunal acknowledged the applicant's submissions regarding the best interests of his children and the impact on his family, including providing paediatric reports and a medical report concerning his mother-in-law. However, the Tribunal found that the prescribed grounds for cancellation were clearly established due to the applicant's extensive criminal convictions, including serious offences. Applying Minister's Direction No. 63, the Tribunal weighed the primary considerations, giving greater weight to the government's policy of rigorous application of cancellation grounds for such offences. While the best interests of the children were considered, the Tribunal concluded that the factors favouring cancellation outweighed those against it.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 050 (Bridging (General)) visa.