Bui (Migration)

This matter concerned an appeal by Mr. Bui against the cancellation of his Subclass 820 (Spouse) visa by the Department of Home Affairs. The cancellation was based on the ground that Mr. Bui's presence in Australia posed a risk to the safety or good order of the Australian community, stemming from criminal charges and a subsequent conviction. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Department's decision.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) existed, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal also considered the applicant's submissions regarding his relationship with his Australian spouse and child, and the potential consequences of visa cancellation, including the application of section 48 of the Act.

The Tribunal found that the ground for cancellation under section 116(1)(e) was satisfied due to the criminal charges and conviction, which indicated a risk to the Australian community. While this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. It acknowledged the applicant's relationship with his spouse and child as a compelling reason for him to remain in Australia, and accepted that he was fulfilling the purpose of his Partner visa. However, the Tribunal determined that the applicant's past compliance with student visa conditions was not relevant to the current cancellation decision. After considering all circumstances, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr. Bui's Subclass 820 (Spouse) visa.