Anderson (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Skilled Regional Sponsored (Provisional) visa (Subclass 489). The visa was cancelled by the Department of Immigration and Border Protection due to serious criminal convictions. The applicant argued that there were compelling reasons for him to remain in Australia, including the presence of his young child and partner, and that he had been fulfilling the purpose of his visa by working in his nominated field in a regional area.

The Tribunal was required to determine whether the grounds for cancellation under s.116(1)(g) and r.2.43(1)(oa) of the Migration Act 1958 (Cth) were established, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal considered the applicant's submissions regarding his family circumstances, his compliance with visa conditions, and the potential hardship that cancellation might cause. It also had regard to the purpose of the visa and the applicant's ability to fulfil it.

The Tribunal found that the applicant had indeed been convicted of offences and that grounds for cancellation existed. While acknowledging the applicant's stated compelling reasons to remain in Australia, specifically his young daughter and partner, the Tribunal noted that the visa's expiry date meant that even if the cancellation were set aside, it would not enable him to remain in Australia. His ability to remain would depend on a separate application for a permanent visa. The Tribunal also considered the applicant's limited remorse and concluded that, on balance, the visa should be cancelled.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 489 visa.