2410235 (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the applicant's Subclass 010 (Bridging A) visa. The applicant, an Albanian national, had arrived in Australia in 2017 and subsequently applied for a Protection visa, which was refused. While that refusal was under review by the Tribunal, the applicant's Bridging A visa was cancelled under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the ground for cancellation, specifically the applicant's criminal convictions, was made out, and if so, whether the discretion to cancel the visa should be exercised. The applicant did not dispute that he had been convicted of criminal offences in 2018 and 2023, which constituted a prescribed ground for cancellation under the Act and Regulations. The Tribunal was therefore satisfied that the ground for cancellation existed.

In considering whether to exercise its discretion to cancel the visa, the Tribunal had regard to all relevant circumstances. It acknowledged that the applicant had compelling reasons to remain in Australia, including his marriage to an Australian citizen and the birth of their Australian citizen child, which weighed against cancellation. However, the Tribunal also considered the applicant's criminal convictions, the implausible explanations provided for his offending, and links to organised crime. The Tribunal found that these factors, along with the applicant's limited family support and financial circumstances, outweighed the considerations in favour of retaining the visa.

Ultimately, the Tribunal affirmed the delegate's decision to cancel the applicant's Bridging A visa. The applicant continued to hold a Bridging E visa with work rights at the time of the decision.