Abdullahi (Migration)

This matter concerned an appeal by Mr Abdullahi against a decision to cancel his Subclass 444 (Special Category) visa. The cancellation was based on the ground that the appellant’s conduct was such that he was a risk to the safety of the Australian community or an individual, due to the serious and repeated nature of his criminal offences. The Administrative Appeals Tribunal was required to consider whether this ground for cancellation was made out and, if so, whether to exercise its discretion not to cancel the visa.

The Tribunal first considered whether the ground for cancellation under section 116(1)(e) of the *Migration Act 1958* (Cth) was established. Having found that the ground was made out, the Tribunal then turned to consider whether to exercise its discretion to cancel the visa. In doing so, the Tribunal had regard to the applicant's circumstances, including his arrival in Australia as a young child in approximately 2005, his continuous residence in Australia for most of his life, and the presence of his immediate family in Australia. The Tribunal also considered the applicant's period of residence in Africa between 2016 and 2018, and his capacity for independent living and self-support.

The Tribunal acknowledged the applicant's strong family ties in Australia and his role in supporting his younger siblings. However, it also noted that the applicant had demonstrated an ability to live away from his immediate family in Australia for a period and that maintaining family relationships by electronic means would be possible even if he were to leave Australia. Despite these considerations, the Tribunal concluded that, when considering all the circumstances, the visa should not be cancelled.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel Mr Abdullahi's Subclass 444 (Special Category) visa.