Joseph (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 010 (Bridging A) visa. The cancellation was based on the ground that the applicant's presence in Australia was, or might be, a risk to the Australian community, specifically his partner.

The Tribunal was required to determine whether the applicant's presence in Australia posed a risk to the safety of his partner, and consequently, whether the ground for cancellation under s 116(1)(e) of the *Migration Act 1958* (Cth) was established.

The Tribunal found that while a single family violence incident had occurred, the applicant demonstrated significant insight into his conduct and genuine remorse. Furthermore, the applicant had undertaken counselling. Based on these factors, the Tribunal concluded that the applicant's presence in Australia did not pose a risk to his partner or any other individual. Accordingly, the Tribunal was not satisfied that the ground for cancellation was made out, and therefore the power to cancel the visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 010 (Bridging A) visa.