Ausage Mapuilesua (Migration)

This matter concerned an appeal by Ausage Mapuilesua against the cancellation of his Special Category (Temporary) (Class TY) visa, Subclass 444. The decision to cancel the visa was made by the Minister on the ground that the applicant's presence in Australia posed a risk to the safety of the Australian community. The case was heard by Amanda Mendes Da Costa.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to determine if the applicant's presence in Australia was, or might be, a risk to the health, safety, or good order of the Australian community or an individual.

The Tribunal reasoned that the ground for cancellation was established due to the applicant's extensive criminal history, which involved significant violence and contraventions of a Youth Supervision Order and bail conditions. The Tribunal noted that the power to cancel a visa under section 116(1)(e) can arise from a possibility of risk, not necessarily a certainty. However, the Tribunal also considered evidence of positive changes in the applicant's behaviour since August 2018, including his engagement in rehabilitation programs, respectful conduct towards staff, and his supportive role within his current household.

Despite acknowledging the applicant's past offending and the risk it presented, the Tribunal ultimately affirmed the decision to cancel the visa. This affirmation was based on the seriousness and extensiveness of the offending, which satisfied the ground for cancellation. The Tribunal's decision indicates that while positive changes were noted, they were not sufficient to outweigh the established risk posed by the applicant's history.