Laki (Migration)

The Administrative Appeals Tribunal considered the case of Laki, an applicant for review of a decision to cancel his Subclass 444 (Special Category) visa. The dispute arose from the Minister's decision to cancel the visa on the ground that the applicant's presence in Australia posed a risk to the safety or good order of the Australian community.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e)(i) of the Migration Act 1958 (Cth) was made out, specifically whether the applicant's presence in Australia "may be" a risk to the health, safety, or good order of the Australian community or a segment of it. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to affirm the cancellation, taking into account all relevant circumstances.

The Tribunal reasoned that the term "risk" under section 116(1)(e) does not require certainty but rather the possibility of a deleterious or harmful event occurring in the future. In this instance, the applicant had been charged with eight criminal offences and had pleaded guilty. While acknowledging the applicant's remorse, strong family and employment ties to Australia, and his desire to support his extended family, the Tribunal found that the seriousness of the charges, coupled with a lack of full insight into the causes of his offending, meant that the applicant "may be" a risk to the safety or good order of the Australian community. Consequently, the Tribunal was satisfied that the ground for cancellation existed.

The Tribunal affirmed the decision to cancel the applicant's visa.