Guo (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 600 (Visitor) visa of the applicant, Mr. Guo. The cancellation was based on the ground that the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community, pursuant to section 116(1)(e)(i) of the Migration Act 1958 (Cth). The applicant had declared full vaccination with an Australian-approved vaccine upon arrival, but the vaccine he received in China was not recognised by the Therapeutic Goods Administration.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(e)(i) was made out and, if so, whether to exercise its discretion to cancel the visa. The applicant had stated he received the incorrect vaccine and wished to receive an approved vaccine in Australia, explaining his purpose was to assist his child with childcare for his three grandchildren, as his daughter-in-law was experiencing health issues and would have to cease work if she had to care for the children alone. The applicant and his wife subsequently received doses of an approved vaccine in Australia.

The Tribunal found that while the initial vaccination status did not meet Australian requirements, the applicant had since received approved vaccines. It also considered the applicant's compelling reason for travel, which was to provide essential family support, and his history of compliance with previous visa conditions. Weighing these factors against the initial risk, the Tribunal concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel his Subclass 600 (Visitor) visa.