Hassan (Migration)

This matter concerned an application for review of a decision by the Minister to cancel the applicant's Subclass 500 (Student) visa. The applicant, Mr Hassan, had been convicted of serious offences involving his former partner and her young son, including property damage, stalking, intimidation, and contravening apprehended domestic violence orders. The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) was made out, and if so, whether the applicant's visa should be cancelled.

The primary legal issue was whether the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community or individuals, as contemplated by section 116(1)(e). The Tribunal considered the meaning of "good order" in this context, referencing previous case law that indicated it encompassed activities impacting public order, the proper administration of law, or creating disruption to Australian society. The Tribunal also had to consider whether there were compelling reasons for the applicant to remain in Australia, despite the cancellation ground being established, and whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant's convictions for serious offending conduct, particularly towards vulnerable persons, established the ground for cancellation under section 116(1)(e). While acknowledging the applicant's stated intention to complete his studies and the challenges he faced due to his convictions, the Tribunal found these were not sufficiently compelling reasons to override the risk posed by his presence. The Tribunal gave little weight to submissions regarding the COVID-19 situation in Pakistan as a compelling reason to remain in Australia.

Ultimately, the Tribunal affirmed the delegate's decision to cancel the applicant's Subclass 500 (Student) visa.