Grewal (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Grewal, who sought review of a decision to cancel his Subclass 500 (Student) visa. The cancellation was based on concerns regarding the safety of an individual, which were apparently linked to an interim domestic violence order and a criminal charge that had since been withdrawn.

The primary legal issue before the Tribunal was whether the grounds for cancellation under section 116(1)(e) of the *Migration Act 1958* (Cth) were established. Specifically, the Tribunal had to determine if the circumstances warranted a finding that the applicant's presence in Australia posed a risk to the safety of any individual, or if the applicant had provided false or misleading information in relation to their visa application.

The Tribunal reasoned that the withdrawal of the interim domestic violence order and the criminal charge significantly altered the factual basis upon which the cancellation decision was made. In the absence of these matters, the Tribunal was not satisfied that the grounds for cancellation under section 116(1)(e)(i) or (ii) were met. Consequently, the power to cancel the applicant's visa did not arise.

The Tribunal set aside the original decision to cancel Mr Grewal's Subclass 500 (Student) visa and substituted a decision not to cancel the visa.