Ganbaatar (Migration)

The Administrative Appeals Tribunal considered the case of Mr Ganbaatar, who sought to challenge the cancellation of his visa. The dispute arose from the Minister's decision to cancel Mr Ganbaatar's visa under section 116(1)(e) of the *Migration Act 1958* (Cth), which allows for cancellation if the visa holder's presence in Australia poses a risk to the health, safety, or good order of the Australian community.

The Tribunal was required to determine two key issues: firstly, whether the ground for cancellation under section 116(1)(e) was established, and secondly, if so, whether the discretion to cancel the visa should be exercised. In relation to the first issue, the Tribunal considered the meaning of "good order of the Australian community," referencing *Tien v MIMA* (1998) 89 FCR 80, and concluded that it encompasses activities that might disrupt the observance of law or create public disruption. The Tribunal then assessed whether Mr Ganbaatar's conduct, specifically his conviction for violent offences against his spouse, met this criterion, noting that the possibility of risk, rather than certainty, is sufficient.

The Tribunal reasoned that Mr Ganbaatar's conviction for choking, suffocation, strangulation, and common assault, despite some charges being withdrawn, established the ground for cancellation under section 116(1)(e). The Tribunal found that Mr Ganbaatar's assertions about not understanding the charges or the role of police were unsupported by evidence. Regarding the exercise of discretion, the Tribunal considered Mr Ganbaatar's stated compelling need to remain in Australia to support his wife's studies and his relationship with his son. However, the Tribunal was not satisfied that these claims constituted a powerful or convincing reason to remain, noting that his wife could continue her studies without him and that he could provide financial support from Mongolia. The Tribunal concluded that visa holders are expected to abide by Australian laws and that Mr Ganbaatar's conduct led to the current situation.

Ultimately, the Tribunal affirmed the decision to cancel Mr Ganbaatar's Subclass 500 (Student) visa, finding that the ground for cancellation was established and that the discretion to cancel the visa should be exercised.