Abdulqadir (Migration)

This matter concerned an appeal by Mr. Abdulqadir against the cancellation of his Subclass 444 (Special Category) visa. The cancellation was based on the ground that Mr. Abdulqadir's conduct posed a risk to the safety or good order of the Australian community, stemming from his criminal convictions and imprisonment. The Administrative Appeals Tribunal was required to determine whether this ground for cancellation was established and, if so, whether the visa should be cancelled in the exercise of the Tribunal's discretion.

The Tribunal first considered whether the ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) was met. It then proceeded to consider whether to exercise its discretion to cancel the visa. In doing so, the Tribunal had regard to various factors, including the purpose of the visa holder's stay, compliance with visa conditions, and the degree of hardship that cancellation might cause. The Tribunal acknowledged Mr. Abdulqadir's lengthy residence in Australia since the age of nine, his extensive family ties, and his relationship with an Australian citizen girlfriend. It also considered his assertion that he had no support in his home country and his expressed difficulties in living independently.

Despite acknowledging the significant hardship that visa cancellation would impose on Mr. Abdulqadir and his family, the Tribunal ultimately concluded that the risk of re-offending remained a real concern. The Tribunal found that while Mr. Abdulqadir's family's financial situation had improved since his arrest, and he had participated in rehabilitation programs, these factors did not sufficiently mitigate the risk. Therefore, the Tribunal affirmed the decision to cancel Mr. Abdulqadir's Subclass 444 visa.