Jamieson (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 444 (Special Category) visa. The Minister had cancelled the visa under section 116(1)(e) of the *Migration Act 1958* (Cth), on the grounds that the applicant's presence in Australia posed a risk to the safety of the Australian community or a segment of it. The Tribunal was required to determine whether this ground for cancellation was made out and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal was tasked with assessing whether the applicant's criminal history and other relevant circumstances established that his presence in Australia presented a risk to the safety of the Australian community. This involved considering the extent and gravity of his numerous convictions, which spanned offences including public nuisance, obstruction of police, serious assault of police, possession and supply of dangerous drugs, wilful damage to property, assaults occasioning bodily harm whilst armed, and weapons offences. The Tribunal also had to consider the applicant's personal circumstances, including his engagement with drug activity, his rehabilitation efforts, and his willingness to resume care for his child, as well as the support network available to him.

In reaching its decision, the Tribunal weighed the evidence before it, giving more weight to the evidence suggesting grounds for cancellation than to contrary evidence. The Tribunal found that the applicant's extensive criminal record, including serious drug and weapons offences, supported the conclusion that his presence in Australia might be a risk to the safety of the Australian community. The Tribunal then considered its discretion to cancel the visa, having regard to relevant circumstances as outlined in the Department's Procedures Advice Manual and judicial observations regarding the attribution of weight to evidence. Despite the applicant's claims of rehabilitation and improved mental health, the Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant's Subclass 444 (Special Category) visa.