BQWM and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review of a delegate’s decision not to revoke the mandatory cancellation of the applicant’s Bridging E visa. The applicant, a citizen of Pakistan, arrived in Australia as an unauthorised maritime arrival and was subsequently granted various visas. His application for a Safe Haven Enterprise Visa was refused, a decision affirmed on judicial review. The applicant’s Bridging E visa was mandatorily cancelled under s 501(3A) of the *Migration Act 1958* due to his substantial criminal record, specifically a conviction for using a carriage service to groom a person under 16 years for sex, for which he received a sentence of imprisonment. The applicant sought revocation of this cancellation, which was refused by a delegate of the Minister, leading to the present review before the Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" under s 501CA(4)(b)(ii) of the *Migration Act 1958* why the mandatory cancellation of the applicant's visa should be revoked. This required the Tribunal to consider the factors outlined in Direction No. 99, including the protection of the Australian community, the applicant's links to the Australian community, and the expectations of the Australian community. The Tribunal was specifically tasked with assessing the nature and seriousness of the applicant's conduct, the risk to the Australian community should he re-offend, and the extent of impediments to his removal from Australia.

In its reasoning, the Tribunal found the applicant's criminal conduct to be very serious, noting the circumstances of his conviction for using a carriage service to groom a minor, which involved direct communication with an undercover officer posing as a 14-year-old. The Tribunal considered the potential harm to the Australian community if the applicant were to re-offend, concluding that such harm would be substantial. While acknowledging the applicant's submissions regarding his personal circumstances and potential threats in Pakistan, the Tribunal ultimately determined that these factors did not outweigh the paramount consideration of protecting the Australian community from the risk of further serious criminal conduct. The Tribunal affirmed the delegate's decision not to revoke the visa cancellation.