2302765 (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to cancel the applicant's Subclass 010 (Bridging A) visa. The applicant, an Indian national, had been in Australia since March 2016 and had held various visas, including several Bridging A and Bridging E visas. The cancellation related to a Bridging A visa granted in June 2021, which was cancelled on 17 February 2023. The applicant had since held a series of Bridging E visas.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the *Migration Act 1958* (Cth), in conjunction with regulation 2.43(1)(oa), was established. This ground applies if the Minister is satisfied that the holder of a temporary visa (other than certain bridging visas) has been convicted of an offence against the law of the Commonwealth, a State, or Territory. If the ground was established, the Tribunal then had to consider whether the cancellation of the visa was a discretionary decision that should be affirmed.

The Tribunal found that the ground for cancellation was established, noting the applicant's admission and the Tribunal's own findings that the applicant had been convicted of over 30 criminal offences in [deleted] in September 2022 and December 2023. The Tribunal accepted the applicant's explanation that these offences occurred during a period of significant financial and personal stress following the impact of COVID-19 on his business and a motor vehicle accident. The Tribunal also acknowledged the applicant's desire to remain in Australia to pursue permanent residency and his claims of safety concerns in India related to his brother's legal troubles. However, the Tribunal concluded that the purpose for which the Bridging A visa was granted no longer existed, as the associated Student visa application had been finally determined. Despite the applicant's personal circumstances and stated reasons for wishing to remain in Australia, the Tribunal affirmed the delegate's decision to cancel the visa.