Bhangu (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel Mr Harpreet Singh Bhangu's Subclass 500 (Student) visa. The cancellation was based on the applicant's alleged risk to the health and safety of his former de facto partner and her young daughter, stemming from criminal charges including trespass, assault, and threats. The applicant was in immigration detention at the time of the review.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e)(ii) of the *Migration Act 1958* was made out, specifically whether the applicant's presence in Australia posed a risk to the health or safety of his former partner and her child. If this ground was established, the Tribunal then had to consider whether the visa should be cancelled, taking into account all relevant circumstances and discretionary considerations.

The Tribunal found that the ground for cancellation was established. It detailed the applicant's conduct, including confronting the former partner at a restaurant with her daughter, entering her home without permission, assaulting her in front of her daughter, and making threats to kill and distribute intimate images. The applicant had pleaded guilty to several charges arising from this conduct. While the applicant had completed a sentence and an anger management course, the Tribunal noted a lack of insight or remorse. Despite community support and the absence of an intervention order, the Tribunal concluded that the risk to the former partner and her child was sufficiently established, and that the discretionary considerations weighed in favour of affirming the cancellation decision. The Tribunal affirmed the delegate's decision to cancel the applicant's visa.