Mirza (Migration)

This matter concerned the review of a decision by the Minister to cancel the applicant's Subclass 485 (Temporary Graduate) visa. The cancellation was based on the ground that the applicant's presence in Australia posed a risk to the safety of the Australian community, pursuant to section 116(1)(e) of the Migration Act 1958 (Cth). The applicant had been convicted of criminal offences, and the Tribunal was required to determine whether this ground for cancellation was made out and, if so, whether the visa should be cancelled.

The Tribunal was required to consider whether the applicant's presence in Australia constituted, or might constitute, a risk to the health, safety, or good order of the Australian community. The Tribunal noted that the threshold for this ground did not require a direct, solid, or certain foundation, but could arise from the possibility of past events. The meaning of "good order of the Australian community" was considered in light of previous case law, which indicated it concerned activities impacting public order, the administration of law, or creating public disruption.

The Tribunal found that the ground for cancellation under section 116(1)(e) was satisfied. In exercising its discretion on whether to cancel the visa, the Tribunal considered the applicant's circumstances, including the purpose of his stay in Australia, which was to study and seek permanent residency. The applicant also raised concerns about his safety and that of his family if they were to return to Pakistan, citing adverse treatment and threats from his family, including a politician brother-in-law. However, the Tribunal placed little weight on these submissions, noting that the applicant was not prevented from applying for a protection visa. Ultimately, the Tribunal concluded that, having regard to the applicant's cumulative circumstances, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's Subclass 485 visa.