G C (Migration)

This matter concerned the review of a decision to cancel the Bridging A (Class WA) visa of the applicant, G C. The applicant had been convicted of an offence against a law of New South Wales, which constituted a prescribed ground for visa cancellation under regulation 2.43(1)(oa) of the *Migration Regulations 1994*. The applicant did not dispute that the ground for cancellation existed, and the Tribunal was satisfied that the conviction met the criteria for cancellation under section 116(1)(g) of the *Migration Act 1958*.

The primary legal issue before the Tribunal was whether, in the exercise of its discretion, it should uphold the cancellation of the applicant's visa. The Tribunal was required to consider all relevant circumstances, including those raised by the applicant and matters of government policy. The applicant's circumstances included his role as the primary caregiver for his young son, the ongoing appeals by his wife regarding her own visa applications, and the potential for significant financial and logistical hardship for his family if his visa were cancelled.

The Tribunal reasoned that while the ground for cancellation was established, the cancellation was not mandatory. It carefully weighed the applicant's personal circumstances against the grounds for cancellation. The Tribunal noted that the applicant's offending was an isolated incident, occurring after the death of his father during COVID-19 travel restrictions, and that his supervision component of a community correction order had been suspended due to a low risk of reoffending. Crucially, the Tribunal considered the best interests of the applicant's child, who was about to commence school and for whom the applicant was the primary caregiver. The Tribunal also took into account the lack of family support in Australia and the wife's limited work opportunities and financial constraints. Given these factors, the Tribunal concluded that the circumstances did not warrant visa cancellation.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 010 (Bridging A) visa.