Aronno (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of the applicant, Mr. Aronno. The cancellation was based on the ground that the applicant had been convicted of an offence, specifically Assault Occasioning Actual Bodily Harm, for which he received a Community Correction Order. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the visa should be cancelled, considering all relevant circumstances.

The Tribunal first considered whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth) was made out. This involved assessing the applicant's conviction for Assault Occasioning Actual Bodily Harm. The applicant admitted to being heavily intoxicated at the time of the incident and stated he pleaded guilty without legal representation, not having mentioned his intoxication to the court. The Tribunal found that the conviction for a violent incident did establish the ground for cancellation.

However, the Tribunal then proceeded to consider whether to exercise its discretion to cancel the visa. It had regard to the applicant's purpose for being in Australia, which was to complete his Bachelor of Information and Communications Technology degree. Despite some academic challenges and a change in institution due to cost, the Tribunal was satisfied that the applicant remained committed to his studies and had a compelling reason to remain in Australia. Furthermore, there was no evidence of any breach of his visa conditions. The Tribunal also noted the applicant's young age and the fact that his family resides in Bangladesh.

Ultimately, the Tribunal concluded that the visa should not be cancelled. It set aside the original decision and substituted a decision not to cancel the applicant's Subclass 500 (Student) visa.