Croley (Migration)

This matter concerned an application by a holder of a Temporary Skill Shortage (Class GK) visa (subclass 482) to review the decision to cancel their visa. The cancellation was based on the applicant's convictions for offences against Western Australian state laws. The applicant did not dispute the record of his convictions.

The Tribunal was required to determine 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 established, and if so, whether to exercise the discretion to cancel the visa. The ground for cancellation was established as the applicant had been convicted of offences against state law. However, this ground did not mandate cancellation under section 116(3) of the Act, allowing for the consideration of discretion.

In exercising its discretion, the Tribunal considered various factors. It noted the applicant's long history in Australia, holding various work-based visas since 2011, and his current employment as an Arborist on a subclass 482 visa. The Tribunal also considered the applicant's submissions regarding the nature of his offences, which were described as being at the lower end of severity and related to a toxic relationship that had ceased. Significant weight was given to the hardship that cancellation would cause, including emotional distress to the applicant, his partner, and her children, as well as potential financial hardship. The applicant's compliance with visa conditions and his strong ties to his employer and the community were also considered favourable.

Ultimately, the Tribunal concluded that, considering all the circumstances, the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's subclass 482 visa.