2300993 (Migration)

This matter concerned an application to affirm the decision to cancel the applicant's Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant, who arrived in Australia in January 2022, was convicted in October 2022 of three counts of intentionally causing injury and three counts of false imprisonment, offences committed in August 2022. The applicant was sentenced to a term of imprisonment and released in February 2023.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the applicant's visa should be exercised. Section 116(1)(g) permits cancellation if the Minister is satisfied that a prescribed ground applies, with regulation 2.43(1)(oa) of the Migration Regulations 1994 specifying that a holder of a temporary visa (other than certain subclasses) has been convicted of an offence against the law of the Commonwealth, a State, or Territory.

The Tribunal found that the ground for cancellation was established, as the applicant, a holder of a Subclass 417 visa, had been convicted of serious offences against the law of Victoria. While this ground did not mandate cancellation, the Tribunal then considered whether to exercise its discretion. The Tribunal had regard to the applicant's stated purpose of earning money to assist his parents with a business debt and to support his child, as well as his gambling debt of $50,000 owed to a loan shark in Taiwan, which he claimed would pose a risk upon his return. Despite evidence of his employer's and colleagues' positive regard for him during his period of employment, the Tribunal gave the most weight to the circumstances leading to the cancellation.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Subclass 417 visa, concluding that, when considering all the circumstances, the visa should be cancelled.