2404522 (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision to cancel the applicant's Bridging C (Class WC) visa, Subclass 030. The applicant had been convicted of multiple offences and had a period of unlawful residence in Australia. The AAT considered the applicant's mental health issues, limited ties to Australia, and the Department's Procedures Advice Manual in its assessment.

The primary legal issues before the Tribunal were whether grounds existed to cancel the applicant's visa under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa), and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to consider the applicant's circumstances, including his claims of persecution in Lebanon and his belief that he was lawfully in Australia during a period of alleged non-compliance.

The Tribunal found that the applicant had been convicted of offences, establishing grounds for cancellation under the relevant provisions. While acknowledging the applicant's belief that he held a valid visa during a period of non-compliance, and accepting that this may not have been intentional, the Tribunal noted that the applicant's stated purpose for entering Australia as a business visitor was not being fulfilled. The Tribunal also considered the applicant's claims of persecution and his inability to return to Lebanon, as well as the fact that he had a pending substantive visa application. Despite these considerations, the Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant's Subclass 030 (Bridging C) visa.