2300726 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Bridging E visa. The dispute arose from the applicant being charged with a range of serious offences, including unlawful assault, making threats to kill, criminal damage, possessing a controlled weapon, committing an indictable offence whilst on bail, and assaulting a police officer. The Tribunal was required to determine whether the grounds for cancellation existed and, if so, whether to exercise its discretion to affirm the cancellation decision.

The Tribunal first considered whether the ground for cancellation under s 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(p)(ii) of the Migration Regulations 1994 (Cth) was made out. This required being satisfied that the applicant, as a holder of a Bridging E visa, had been charged with an offence against a law of the Commonwealth, a State, or a Territory. The Tribunal found that the applicant had indeed been charged with numerous offences against the law of Victoria, and therefore, the ground for cancellation was established.

Following the establishment of the ground for cancellation, the Tribunal proceeded to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances, including government policy as outlined in Direction No. 63. The Tribunal noted the government's view that instances of non-compliance should be considered for cancellation. The applicant had been convicted of some offences, including threats to kill, damage to property, and assaulting a police officer, for which he received a custodial sentence. The Tribunal also considered the applicant's relationship with his sister's children in Australia, who he stated were affected by his detention. However, the Tribunal weighed these factors against the seriousness and number of offences with which the applicant had been charged.

Ultimately, the Tribunal concluded that the circumstances favouring cancellation, particularly the gravity of the charges, outweighed those favouring non-cancellation. Accordingly, the Tribunal affirmed the decision to cancel the applicant's Bridging E visa.