Kabir Mojib (Migration)

This matter concerned an appeal by Mr. Kabir Mojib, a Bangladeshi citizen, against the cancellation of his Subclass 500 (Student) visa. Mr. Mojib had been convicted of several offences, including threatening to distribute an intimate image without consent, aggravated breaking and entering, and using an offensive weapon with intent to commit an indictable offence, for which he received a sentence of 2 years and 3 months to be served by way of an Intensive Correction Order. The Administrative Appeals Tribunal was required to determine whether to affirm or set aside the delegate's decision to cancel Mr. Mojib's visa.

The primary legal issue before the Tribunal was whether to exercise its discretion to cancel Mr. Mojib's visa, given that the ground for cancellation under regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth) had been established. This provision allows for visa cancellation if the holder has been convicted of an offence against Commonwealth, State, or Territory law. The Tribunal was not bound by any mandatory cancellation provisions and therefore had an unfettered discretion to consider all relevant circumstances.

The Tribunal considered the circumstances of the offending, noting that while the offences were serious, the context provided by expert reports suggested they arose from underlying emotional stresses and the breakdown of a relationship. The reports indicated Mr. Mojib had insight and remorse, a low risk of reoffending, and was willing to undertake a treatment plan. The Tribunal also took into account Mr. Mojib's purpose for being in Australia, his desire to complete his studies, and the potential hardship if his visa remained cancelled. However, after weighing these factors against the seriousness of the offences and the need to uphold immigration laws, the Tribunal concluded that the visa should remain cancelled. The Tribunal affirmed the decision to cancel Mr. Mojib's Subclass 500 (Student) visa.