Anand (Migration)

This matter concerned an application by Mr Anand for review of a decision to cancel his Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant had been convicted of several offences, none of which resulted in imprisonment, and his employment had been terminated. The visa cancellation decision was made on the last day of the visa's validity. The review was heard by Member Mary Sheargold of the Tribunal.

The primary legal issue before the Tribunal was whether the Minister's decision to cancel Mr Anand's visa under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994 was justified, considering all relevant circumstances. This required the Tribunal to first determine if the ground for cancellation existed and, if so, to exercise its discretion as to whether the visa should be cancelled.

The Tribunal was satisfied that the ground for cancellation existed, as Mr Anand had multiple convictions for offences including driving under the influence and driving while disqualified. However, the Tribunal found that cancellation was not mandatory under section 116(3) of the Act. In exercising its discretion, the Tribunal had regard to Mr Anand's evidence of significant personal change, including near-complete abstinence from alcohol and a commitment to using public transport. The Tribunal also noted the practical futility of cancelling a visa with less than 24 hours of validity remaining.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel Mr Anand's visa.