Liu (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by Mr. Liu. The dispute arose from the Minister's decision to cancel Mr. Liu's visa under section 116(1)(e) of the Migration Act 1958 (Cth), which permits cancellation if the visa holder's presence in Australia poses a risk to the health, safety, or good order of the Australian community. The Tribunal was tasked with determining whether the ground for cancellation existed and, if so, whether to exercise its discretion to affirm the cancellation.

The Tribunal was required to determine if the applicant's presence in Australia constituted a risk to the health, safety, or good order of the Australian community, as contemplated by section 116(1)(e). This involved assessing whether the allegations of criminal conduct, specifically an alleged armed robbery involving a knife and assault, established the requisite risk. Furthermore, the Tribunal had to consider whether, having found the ground for cancellation to be made out, it should exercise its discretion to cancel the visa, taking into account all relevant circumstances, including the applicant's stated intention to study and the potential hardship his cancellation might cause.

In reaching its decision, the Tribunal found that the ground for cancellation under section 116(1)(e) was established, citing allegations of a violent offence involving a knife and assault. The Tribunal accepted that the applicant's purpose in Australia was to study and acknowledged that he had completed some courses, giving this factor some weight in favour of not cancelling the visa. The Tribunal also noted a brief breach of visa conditions related to enrolment, but gave this no weight towards cancellation due to the accepted reason of funding his criminal lawyer. Despite these considerations, the Tribunal concluded that, on the whole of the circumstances, the visa should be cancelled.

Consequently, the Tribunal affirmed the decision to cancel Mr. Liu's Subclass 500 (Student) visa.