Murillo Casseres (Migration)

This matter concerned an application by Mr Murillo Casseres for review of a decision to cancel his Partner (Provisional) (Class UF) visa, Subclass 309. The Minister had grounds to cancel the visa under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994, as Mr Casseres had been convicted of several offences against the law of New South Wales. Mr Casseres acknowledged that these convictions constituted grounds for cancellation.

The Tribunal was required to determine whether, despite the existence of grounds for cancellation, the visa should be cancelled, having regard to all relevant circumstances. This involved considering the discretionary power vested in the decision-maker under section 116 of the Act. The Tribunal had before it extensive material, including submissions from Mr Casseres' representatives, documents relating to his relationship with his Australian citizen child, his partner's medical issues, his criminal history, letters of support, and evidence of his community involvement and financial stability.

The Tribunal reasoned that while the ground for cancellation was established, the exercise of discretion required a holistic assessment of the case. It considered the compelling need for Mr Casseres to remain in Australia, particularly in light of his role as a primary caregiver for his Australian citizen son, 'A', and the significant family medical issues. The Tribunal also took into account the best interests of the child, the applicant's efforts at rehabilitation, and the strong community ties he had established. Weighing these factors against the seriousness of the offences, the Tribunal concluded that cancellation of the visa would not be appropriate.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel Mr Casseres' Subclass 309 visa.