Molina Camacho (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of the applicant, Mr. Molina Camacho. The cancellation was based on the applicant's conviction for criminal offences, including recklessly causing injury, assault with a weapon, making a threat to kill, and criminal damage, for which he received a 24-month Community Correction Order.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The ground for cancellation was met as the applicant had been convicted of offences against a law of a State, as stipulated in regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth).

In considering the exercise of discretion, the Tribunal had regard to various factors, including the purpose of the applicant's stay in Australia, his academic progress, and his business plans in Colombia. Crucially, the Tribunal also considered the circumstances surrounding the offences, noting the applicant's intoxication and his limited recollection of the events, as well as his subsequent presentation to the police. The Tribunal found that while the ground for cancellation was established, the applicant's mental health issues and treatment, his solid academic progress, and his plans for the future in Colombia weighed against cancellation.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.