Harrington (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister to cancel the applicant's subclass 010 Bridging A visa under section 116 of the *Migration Act 1958*. The cancellation was based on the ground that the applicant posed a risk to the health, safety, or good order of the Australian community. The applicant had been charged with several offences, including assault and contravening a domestic violence order, and was awaiting the determination of these charges. The Administrative Appeals Tribunal, specifically Member Kate Millar, was required to determine whether the ground for cancellation was made out and, if so, whether the visa should be cancelled.

The Tribunal considered the applicant's circumstances at the time of the cancellation decision and subsequent hearings. Initially, the gravity of the charges and the applicant's remand status weighed heavily in favour of cancellation. However, the Tribunal also noted that the Bridging A visa was granted pending the outcome of a subclass 187 application, and cancellation could significantly limit the applicant's options for applying for other visas within Australia. The Tribunal was informed of adjournments in the criminal proceedings, with a request for the matter to be finalised before a decision on the visa cancellation was made.

During the review process, significant developments occurred in the applicant's criminal matters. Some charges were withdrawn, and the applicant's employment sponsorship was also withdrawn. Crucially, the applicant's wife, who had made accusations leading to some of the charges, had left Australia. The Tribunal concluded that, in light of these developments, the original grounds for cancellation were no longer substantiated. Consequently, the Tribunal set aside the delegate's decision to cancel the visa and substituted it with a decision not to cancel the visa.