Lazenby (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Lazenby, who sought review of the cancellation of their substantive visa. The dispute arose after Lazenby was charged with criminal offences, leading to the cancellation of their visa. Lazenby had also applied for a Bridging E (Class WE) visa, which carried conditions including a prohibition on work and engaging in criminal conduct.

The Tribunal was required to determine whether the cancellation of Lazenby's substantive visa was justified, particularly in light of the subsequent finding that Lazenby was not criminally responsible for the proven charges due to mental health issues. Further issues included the delay in the Department's notification of its intention to consider cancellation and the weight to be given to Lazenby's personal circumstances, including their mental health, treatment, support network, and relationship with their child, when assessing the risk of re-offending and harm.

The Tribunal found that while the conditions of the Bridging E visa were breached by the criminal charges, the applicant's subsequent finding of not criminally responsible significantly altered the assessment of risk. The Tribunal acknowledged the delay in the Department's notification and gave considerable weight to Lazenby's efforts towards rehabilitation, mental health treatment, and the strong support system in place. Considering these factors, the Tribunal concluded that the cancellation decision was not in accordance with the law and remitted the matter for reconsideration.