Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) had before it an application by Mr Nguyen for review of the Minister's decision to cancel his Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The cancellation was based on Mr Nguyen posing a risk to the good order of the Australian community, pursuant to section 501(3A) of the *Migration Act 1958* (Cth). Mr Nguyen had applied for the partner visa while holding a student visa, which was subsequently cancelled due to his poor academic record. This cancellation led to the cessation of his associated bridging visa, rendering him an unlawful non-citizen for a single day before a second bridging visa was granted with a 'no work' condition.

The primary legal issue before the AAT was whether Mr Nguyen satisfied the character requirements for the visa, specifically whether he presented a risk to the Australian community. This involved assessing the significance of his involvement in a commercial cannabis cultivation operation, despite his role being described as performing small tasks. The AAT also had to consider the implications of his subsequent conviction for an offence, for which he received an intensive corrections order without imprisonment, and the potential consequences of visa cancellation and return to Vietnam.

In its reasoning, the AAT acknowledged the judge's findings regarding Mr Nguyen's prior good character, his low-level role in the cannabis operation, and the low risk of re-offending. The Tribunal also took into account his cooperation with the police and assistance with inquiries. However, the AAT found certain claims made by Mr Nguyen to be implausible, which weighed against him. Ultimately, the AAT determined that the decision under review, which upheld the cancellation, should be set aside.