FU (Migration)

The Administrative Appeals Tribunal considered a decision by the Minister to cancel the applicant's Subclass 580 Student Guardian visa. The cancellation was based on the applicant having been charged with a criminal offence.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e)(i) of the Migration Act 1958 (Cth) was made out. This provision allows for visa cancellation if the Minister is satisfied that certain grounds exist, including the bringing of criminal charges.

The Tribunal reasoned that while the bringing of criminal charges can be a sufficient ground for cancellation, the applicant had provided evidence that the charge in question had been withdrawn by the police prosecutor. As there was no other information supporting a ground for cancellation, the Tribunal was not satisfied that the ground under section 116(1)(e)(i) existed. Consequently, the power to cancel the visa did not arise. The Tribunal set aside the decision to cancel the visa and substituted a decision not to cancel the applicant's visa.