Joshi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 500 (Student) visa was cancelled. The dispute centred on whether the grounds for cancellation under section 116(1)(e) of the *Migration Act 1958* (Cth) were made out, and if so, whether the discretion to cancel the visa should be exercised.

The Tribunal was required to determine if the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community, or to the health or safety of individuals. This involved interpreting the meaning of "good order of the Australian community" in the context of section 116(1)(e), and assessing whether the evidence presented established the existence of such a risk. The Tribunal also had to consider whether, having found a ground for cancellation, it should exercise its discretion to cancel the visa, taking into account various factors including government policy guidelines.

The Tribunal reasoned that the ground for cancellation under section 116(1)(e) was satisfied based on police documents detailing a charge of assault occasioning actual bodily harm against the applicant. The Tribunal interpreted "good order of the Australian community" to encompass activities that could be disruptive to the administration of law or create public disruption. While acknowledging that the risk posed by the applicant to his former partner was limited, the Tribunal ultimately concluded that, considering all circumstances, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.