Alrehaili (Migration)

This matter concerned an appeal by Mr Alrehaili against the cancellation of his Subclass 500 (Student) visa. The Minister had cancelled the visa under section 116(1)(g) of the Migration Act 1958 (Cth) on the basis that Mr Alrehaili had been convicted of certain criminal offences. The Administrative Appeals Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the visa should be cancelled in the exercise of the Minister's discretion.

The Tribunal was required to consider whether the ground for cancellation under section 116(1)(g) of the Act was made out. This provision allows for visa cancellation if the Minister is satisfied that a prescribed ground applies, which in this case was regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth). This regulation specifies that a ground for cancellation exists if the visa holder has been convicted of an offence against the law of the Commonwealth, a State, or a Territory. The Tribunal also had to consider whether, in the exercise of discretion, the visa should be cancelled, having regard to all relevant circumstances, including those outlined in the Department's Procedures Advice Manual and any submissions made by the applicant.

The Tribunal found that the ground for cancellation was established, as Mr Alrehaili had admitted to convictions for multiple offences, including dealing with property proceeds of crime and supplying prohibited drugs, on 29 April 2021 and previously on 19 February 2021. While the cancellation was not mandatory, the Tribunal considered the circumstances of the offending, which involved drug-related activities. The Tribunal noted that most of the applicant's submissions were not maintained at the hearing, and there was no evidence to support a claim that correction orders required him to remain in New South Wales. Furthermore, the applicant was not currently studying.

Ultimately, the Tribunal concluded that, considering all the circumstances, the decision to cancel Mr Alrehaili's Subclass 500 (Student) visa should be affirmed.