Ali (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Partner (Provisional) (Class UF) visa, Subclass 309 (Spouse (Provisional)). The applicant's visa had been cancelled under section 116(1)(e) of the *Migration Act 1958* (Cth), which relates to the risk posed by a non-citizen's presence in Australia. The review was heard by the Tribunal.

The central legal issue before the Tribunal was whether the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community or any individual, as contemplated by section 116(1)(e) of the *Migration Act*. This required the Tribunal to consider the outcome of criminal proceedings involving the applicant.

The Tribunal reasoned that, having regard to the outcome of the criminal proceedings, there was no basis to conclude that the applicant's presence in Australia constituted a risk. Specifically, the Tribunal found that the ground for cancellation under section 116(1)(e) did not exist, and consequently, the power to cancel the visa did not arise. The Tribunal therefore set aside the decision under review. The Tribunal substituted a decision not to cancel the applicant's Subclass 309 visa.