Joseph (Migration)

The Administrative Appeals Tribunal considered the case of Joseph, who sought review of a decision to cancel his Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The core of the dispute concerned whether the applicant's presence in Australia posed a risk to the Australian community, specifically his partner, as contemplated by section 116(1)(e) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether the applicant's past conduct, specifically a single family violence incident, rendered his presence in Australia a risk to the safety of his partner or the broader community. This involved assessing the applicant's insight into his conduct, his remorse, and the effectiveness of any rehabilitation efforts undertaken.

In reaching its decision, the Tribunal found that the applicant demonstrated significant insight into his past behaviour and genuine remorse. Furthermore, the Tribunal noted that the applicant had undertaken counselling. Based on these factors, the Tribunal concluded that the applicant's presence in Australia did not constitute, and was not likely to constitute, a risk to the safety of his partner, nor was there any suggestion of a risk to any other individual. Consequently, the Tribunal was not satisfied that the ground for cancellation under section 116(1)(e) was met.

The Tribunal set aside the decision under review and substituted a new decision not to cancel the applicant's Subclass 820 visa.