2300938 (Migration)

The Administrative Appeals Tribunal affirmed the Minister's decision to cancel the applicant's Bridging A (Class WA) visa. The dispute centred on whether the grounds for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) were met, and if so, whether the cancellation decision should be exercised. The applicant had been convicted of family violence offences, and the Tribunal was required to consider the risk posed by his presence in Australia to the health or safety of an individual.

The Tribunal was required to determine if the applicant's presence in Australia posed a risk to the health or safety of an individual, as contemplated by section 116(1)(e) of the Act. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances, including the applicant's personal circumstances and the best interests of his children. The applicant also had an outstanding protection visa appeal, which was a factor to be considered in the discretionary assessment.

The Tribunal found that the ground for cancellation under section 116(1)(e) was satisfied, based on the applicant's admission of causing harm to his wife during an incident that followed an argument and intoxication. The Tribunal noted that the power to cancel a visa under this section can arise from the possibility of past events indicating future risk. In exercising its discretion, the Tribunal acknowledged the applicant's stated reasons for remaining in Australia, including his family responsibilities towards his children with an Australian permanent resident and his pending protection visa appeal. However, the Tribunal also considered the applicant's own acknowledgement that his relationship with his wife was not stable and might lead to divorce. The Tribunal ultimately affirmed the decision to cancel the applicant's visa.