Jaekel (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Jaekel, who sought review of a decision to cancel her Bridging A (Class WA) visa. The cancellation was based on her conviction for criminal offences.

The primary legal issue before the Tribunal was whether, having established a ground for cancellation under s 116(g) of the Migration Act 1958 (Cth) and r 2.43(1)(oa) of the Migration Regulations 1994 (Cth), the Tribunal should exercise its discretion not to cancel the applicant's visa. The ground for cancellation did not mandate mandatory cancellation.

The Tribunal reasoned that while the ground for cancellation was established, the exercise of discretion required consideration of various factors. It had regard to the applicant's migration history, including her entry on a Working Holiday visa and subsequent applications for skilled and employer-sponsored visas. Crucially, the Tribunal considered the applicant's personal circumstances, including her long-term relationship with her partner, their plans to start a family in Australia, and the fact that their joint application for a permanent visa was pending. The applicant expressed remorse for her offending, which involved purchasing drugs for personal use with friends, and the sentence imposed indicated a lower level of offending. Character references were also considered.

Ultimately, the Tribunal concluded that, on the totality of the circumstances, the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's Bridging A visa.