Gonzalez Gonzalez (Migration)

This matter concerned the review of a decision by the Minister to cancel the applicant's Subclass 500 (Student) visa. The cancellation was based on the ground that the applicant had been convicted of an offence against a law of the Commonwealth, a State or Territory, as prescribed by regulation 2.43(1)(oa) of the Migration Regulations 1994. The applicant had been convicted in the Downing Centre Local Court NSW on 15 May 2020 of offences relating to the supply of prohibited drugs, for which he received an Intensive Correction Order, supervision, community service, a fine, and a Community Correction Order.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 was made out, and if so, whether the applicant's visa should be cancelled, considering all relevant circumstances and exercising the Minister's discretion. The applicant contended that his intention to complete his studies in Australia constituted a compelling reason to remain, and that he had complied with his visa conditions.

The Tribunal found that the ground for cancellation was established, as the applicant had been convicted of the specified offences. In considering the exercise of discretion, the Tribunal acknowledged the applicant's stated purpose of undertaking studies in Australia to enhance his career prospects and accepted that he had a compelling reason to stay to complete his current course and potentially pursue further education. The Tribunal also noted the applicant's compliance with his visa conditions. However, the Tribunal concluded that despite these factors, the seriousness of the offending conduct outweighed the compelling reasons for the applicant to remain in Australia.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.