Luchtemberg Neves (Migration)

The Administrative Appeals Tribunal considered the case of Luchtemberg Neves, who sought review of the Minister's decision to cancel his Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The dispute arose from the applicant's conviction for offences against a law of a State, which constituted a ground for visa cancellation under the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation, specifically under section 116(1)(g) of the Act and regulation 2.43(1)(oa) of the Migration Regulations 1994, was established. This involved assessing whether the applicant had been convicted of an offence against a law of a State. If the ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances, including the nature of the offences and any ongoing risk to the Australian community.

The Tribunal found that the applicant had been convicted in the Sutherland Local Court of contravening a prohibition or restriction in an apprehended domestic violence order, assault occasioning actual bodily harm (domestic), and stalking or intimidating with intent to cause physical harm (domestic). These convictions satisfied the prescribed ground for cancellation under regulation 2.43(1)(oa). In exercising its discretion, the Tribunal considered the applicant's submissions, including his remorse and claims of self-defence, alongside the police facts detailing the severity of the offences, which involved physical restraint and threats of violence. The Tribunal was not satisfied that there was any compelling need for the applicant to remain in Australia, and concluded that the circumstances warranted the cancellation of his visa.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 572 visa.