Haque (Migration)

This matter concerned an appeal by Mr Haque against the cancellation of his Subclass 457 (Temporary Work (Skilled)) visa. The cancellation was based on the ground that Mr Haque had been convicted of an offence against a law of a State, specifically dishonestly obtaining financial advantage by deception. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the visa should be cancelled, considering all relevant circumstances.

The Tribunal found that the ground for cancellation under s 116(1)(g) of the Migration Act 1958 (Cth) and r 2.43(1)(oa) of the Migration Regulations 1994 (Cth) was established, as Mr Haque had pleaded guilty to and been convicted of an offence involving deception for financial gain. Although this ground did not mandate cancellation, the Tribunal then considered whether to exercise its discretion to cancel the visa. In doing so, it had regard to the applicant's submissions, evidence presented at the hearing, and relevant departmental policy.

The Tribunal noted that the offence was not a minor financial matter but a deliberate act to obtain a significant amount of money through fraudulent documents. While Mr Haque presented concerns about his family's well-being in Bangladesh, including the health and educational prospects of his son, and the potential difficulty in securing employment and accommodation for himself and his wife, the Tribunal concluded that these factors did not outweigh the seriousness of his offending conduct. The Tribunal affirmed the decision to cancel Mr Haque's visa.