O’Keeffe (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Bridging A visa was cancelled by the Minister. The applicant sought review of this cancellation decision. The dispute centred on whether the grounds for cancellation were made out and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal was required to determine if the prescribed ground for visa cancellation under s.116(1)(g) of the Migration Act 1958 (Cth) and r.2.43(1)(oa) of the Migration Regulations 1994 (Cth) was satisfied. This ground related to the applicant having committed criminal offences, specifically breaching domestic violence orders, a police protection order, and property damage. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances of the offending, the applicant's remorse, the impact on his children, and Australia's international obligations.

The Tribunal found that the ground for cancellation was made out, as the applicant conceded to having committed the offences. In exercising its discretion, the Tribunal considered the applicant's criminal conduct, noting that while he pleaded guilty and was on a probation order, it was not satisfied that his participation in a program was indicative of genuine remorse, as it was a court-ordered requirement. The Tribunal also found that the applicant's children would not be significantly impacted by his removal, as he was not currently providing financial support or maintaining a relationship with them. Furthermore, the Tribunal determined that Australia's international obligations, including those under the Convention on the Rights of the Child, did not prevent the cancellation and removal.

The Tribunal affirmed the decision to cancel the applicant's Bridging A visa.