Hanna (Migration)

The Administrative Appeals Tribunal considered the case of a visa holder whose Bridging C (Class WC) visa was cancelled. The dispute arose from the visa holder's criminal convictions for eight counts of assault with an act of indecency, for which he was imprisoned. The visa holder sought to have the cancellation decision revoked, primarily on the basis of hardship to his Australian citizen sister and her children, and his visa holder mother, as well as his own lengthy immigration detention.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994 were made out. If so, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances, including government policy and submissions made by the applicant.

The Tribunal found that the ground for cancellation was established due to the applicant's convictions for serious offences against unrelated women. While acknowledging the applicant's submissions regarding his ties to the Australian community, low risk of reoffending, remorse, and positive rehabilitation prospects, the Tribunal gave significant weight to the nature of the offending and a further allegation of sexually aggravated offending while in detention. These factors, in the Tribunal's view, outweighed the mitigating circumstances presented by the applicant. The Tribunal also noted that the applicant's application for a Medical Treatment visa had been dismissed by the Federal Circuit and Family Court, although an appeal was pending.

The Tribunal affirmed the decision to cancel the applicant's Subclass 030 (Bridging C) visa.