Ji (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of Mr Ji. The cancellation was based on the ground that Mr Ji's presence in Australia posed a risk to the safety of an individual, pursuant to section 116(1)(e) of the Migration Act 1958 (Cth). This followed Mr Ji's conviction for common assault and choking, suffocating, or strangling another person, for which he received a suspended sentence and fines.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e) was made out, and if so, whether to exercise its discretion to cancel the visa. The Tribunal considered the meaning of "risk to the health, safety or good order of the Australian community or a segment of the Australian community" and "risk to the health or safety of an individual or individuals," noting that a possibility of an event occurring is sufficient for the power to arise. The Tribunal also considered the circumstances of the offending, including the allegations of an impulsive and uncharacteristic reaction to an emotional interaction, Mr Ji's genuine remorse, his engagement in therapy and a behaviour change program, and the support of his current partner.

The Tribunal found that the ground for cancellation under section 116(1)(e) was satisfied. However, in exercising its discretion, the Tribunal concluded that the risk posed by Mr Ji to the community or any individual was very low. This conclusion was based on the evidence presented, including statements of character, Mr Ji's remedial actions, and his demonstrated maturity. The Tribunal determined that the offending was a reactionary, one-off event that was out of character.

Consequently, the Tribunal set aside the decision to cancel Mr Ji's visa and substituted a decision not to cancel his Subclass 500 (Student) visa.