Kowalczyk (Migration)

The Administrative Appeals Tribunal considered the case of Mr Kowalczyk, who sought to challenge the cancellation of his Partner (Temporary) (Class UK) visa, Subclass 820. The dispute arose from the applicant's conduct, which led to the cancellation of his visa on the grounds of posing a risk to the safety of an individual in the Australian community.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was satisfied, and if so, whether the discretion to cancel the visa should be exercised. This involved assessing the applicant's actions, including common assault and breaches of a Domestic Violence Order, against the potential hardship to himself and the best interests of his children in Australia.

In its reasoning, the Tribunal found that the applicant's conduct, which involved violence and threats of violence, constituted a serious disregard for the law and posed a risk to community safety. While acknowledging the presence of children and the applicant's desire for contact, the Tribunal placed greater weight on the circumstances leading to the cancellation. The applicant's inability to fulfil the primary purpose of a Partner visa, due to the breakdown of his relationship and the existence of a protection order, was also a significant factor. The Tribunal concluded that the seriousness of the applicant's offending behaviour outweighed other considerations.

Consequently, the Tribunal affirmed the decision to cancel Mr Kowalczyk's Subclass 820 visa.