HERMAWAN (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the cancellation of the applicant's Bridging A (Class WA) visa. The applicant, Mr. Hermawan, had been convicted of an offence against a law of the Commonwealth. The Tribunal was required to determine whether the grounds for cancellation existed and, if so, whether to exercise its discretion to affirm the cancellation decision.

The primary legal issue before the Tribunal was whether the applicant's conviction for a Commonwealth offence constituted a prescribed ground 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 (Cth). If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances, including submissions made by the applicant regarding double jeopardy, low risk of harm, and community contribution.

The Tribunal found that the applicant had indeed been convicted of a Commonwealth offence, satisfying the ground for cancellation under the relevant provisions. While the applicant argued that cancellation would amount to double jeopardy and that he posed a low risk of harm, the Tribunal considered these submissions in its exercise of discretion. It noted that the applicant had been granted a Bridging E visa, allowing him to continue working and residing lawfully in Australia, and that his substantive visa application was still being processed. The Tribunal concluded that the circumstances did not warrant overriding the cancellation decision.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Bridging A visa.