Ali (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 500 (Student) visa. The cancellation was based on the ground that the applicant had been convicted of an offence, specifically "Recklessly deal with proceeds of crime." The applicant had received a conditional release order without conviction for two years.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The applicant acknowledged the conviction and did not dispute that it constituted a ground for cancellation under the Act.

The Tribunal found that the ground for cancellation was established, as the applicant had been convicted of the offence. In considering the exercise of discretion, the Tribunal had regard to the circumstances of the case, including the applicant's involvement in a Business Email Compromise scam targeting elderly victims, the withdrawal of significant funds from an account used to receive the proceeds of the crime, and the applicant's untruthfulness to police. While acknowledging the applicant's young age, the fact that no conviction was recorded, and a mental health condition, the Tribunal concluded that these factors did not outweigh the seriousness of the offending conduct and the applicant's knowing complicity in the criminal enterprise.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.