Mohammed (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel Mr Abdul Sami Mohammed's Subclass 500 (Student) visa. The cancellation was based on the ground that the applicant posed a risk to the health, safety, or good order of the Australian community or a segment of it, pursuant to section 116(1)(e) of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal, constituted by Senior Member Jason Pennell, was required to determine whether this ground for cancellation was made out and, if so, whether the visa should be cancelled.

The Tribunal considered the applicant's alleged conduct, which involved entering a victim's home under the guise of a work initiative and then allegedly touching the victim inappropriately. The applicant had been charged with sexual assault, pleaded not guilty, and was on bail. The Tribunal found that the applicant's presence in Australia posed a risk to the safety of individuals and the good order of the Australian community, citing the opportunistic and predatory nature of the alleged behaviour. In reaching this conclusion, the Tribunal relied on case law interpreting section 116(1)(e), including *Gong v MIBP* [2016] FCCA 561 and *Tien v MIMA* (1998) 89 FCR 80.

In exercising its discretion regarding cancellation, the Tribunal weighed various factors. While acknowledging the applicant's purpose of study in Australia and his general compliance with visa conditions, it gave little weight to the claimed hardship of not completing his degree in Australia, noting he could obtain a similar qualification in India. The Tribunal placed considerable weight on the circumstances of the alleged offence, finding it demonstrated a willingness to exploit a vulnerable person. Ultimately, the Tribunal concluded that the decision to cancel the applicant's visa should be affirmed.