Mackie (Migration)

This matter concerned an application for review of a decision to cancel the visa of a New Zealand citizen. The applicant had a history of criminal convictions, including serious offences for which he was previously sentenced to imprisonment. In 2018, he was charged with assault occasioning bodily harm and wilful damage, domestic violence offences, which led to the cancellation of his visa. The applicant was granted a bridging visa pending the review of this decision.

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 posed a risk to the safety or good order of the Australian community or a segment of it. This involved considering the meaning of "good order of the Australian community" as interpreted in case law, which requires an element of risk that the person's presence might be disruptive to the administration of law or create public disruption.

The Tribunal considered evidence that the domestic violence incident was a "one off" event, supported by statements from the applicant's sister, who was the alleged victim and expressed remorse. The Tribunal also noted that the applicant was on parole at the time of the domestic violence charges and that his bail conditions allowed him to reside with the alleged victim. Submissions from the applicant's mother described him as a sensitive young man who had shown remorse for past offences.

The Tribunal concluded that the decision to cancel the applicant's visa should be set aside.