KHAN (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant, Mr. Khan, against the cancellation of his Bridging A (Class WA) visa. The cancellation was based on his conviction for criminal offences and his failure to pay court fines, as well as his enrolment in a registered course and a pending Student visa application.

The primary legal issue before the Tribunal was whether to exercise its discretion to set aside the delegate's decision to cancel Mr. Khan's Bridging A visa. This involved considering various factors, including the purpose of his stay in Australia, his compliance with visa conditions, and the potential hardship that cancellation might cause.

The Tribunal found that Mr. Khan had been convicted of offences, providing grounds for cancellation under s 116(1)(g) and r 2.43(1)(oa) of the Migration Regulations 1994. While acknowledging Mr. Khan's intention to complete his studies and repay his court fines, the Tribunal noted that his pending Student visa application meant he would be able to remain in Australia regardless of the Bridging A visa's status, as he held a Bridging E visa which permitted study and work. The Tribunal was not satisfied that the applicant had demonstrated a compelling need to remain in Australia, nor was it convinced by his unsubstantiated claims of hardship to his mother due to the cancellation.

Consequently, the Tribunal affirmed the decision to cancel Mr. Khan's Subclass 010 (Bridging A) visa.