Alawneh (Migration)

The Administrative Appeals Tribunal considered the case of Mr Alawneh, a citizen of Jordan, whose Subclass 309 (Spouse (Provisional)) visa was cancelled by the Department of Home Affairs. Mr Alawneh sought review of this decision. The applicant had been convicted of an offence involving the unauthorised administration of a declared substance, which constituted a ground for visa cancellation under the Migration Regulations 1994.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa. The applicant had pleaded guilty to the offence in the ACT Magistrates Court and was sentenced to an 18-month good behaviour bond and community service. The Tribunal noted that the ground for cancellation was not one that mandated mandatory cancellation.

In considering the exercise of discretion, the Tribunal had regard to Direction No. 63, which requires consideration of primary and secondary factors. The primary considerations included the government's view that prescribed grounds for cancellation should be applied rigorously and the best interests of any children affected. Secondary considerations included the impact on the family unit, the degree of hardship, the circumstances of the offence, and the possible consequences of cancellation. The applicant argued that cancellation would cause significant hardship to his Australian citizen wife, who would have to relocate to Jordan and be separated from her family. The Tribunal acknowledged the applicant's conviction and the evidence of his rehabilitation, including completing an alcohol and drug awareness program. However, it found that the degree of hardship claimed by the applicant did not outweigh the seriousness of the ground for cancellation.

Ultimately, the Tribunal affirmed the decision to cancel Mr Alawneh's Subclass 309 visa, concluding that on balance, the cancellation was warranted.