Onwong'a and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an appeal by Mr. Onwong’a against the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his visa. The appeal was heard by Mr. Robert Reitano, Member, of the Administrative Appeals Tribunal. The dispute arose from Mr. Onwong’a’s criminal offending, which led to the mandatory cancellation of his visa under section 501CA of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether Mr. Onwong’a met the character test under section 501 of the Act, and if so, whether there was another reason to revoke the decision to cancel his visa. Key issues included the nature and seriousness of Mr. Onwong’a’s criminal conduct, particularly his repeated drink-driving offences and driving whilst disqualified, the risk posed to the Australian community, and the weight to be given to his ties to Australia, including his ongoing studies and family relationships.

The Tribunal reasoned that Mr. Onwong’a failed the character test due to his significant criminal record, which included multiple instances of driving with a prescribed concentration of alcohol (high range on two occasions) and driving whilst disqualified. The Tribunal found that the protection of the Australian community from harm and the expectation that non-citizens will obey Australian laws outweighed other considerations, such as Mr. Onwong’a’s ties to Australia and his desire to complete his tertiary education. The Tribunal concluded that there was no other reason to revoke the visa cancellation decision.

Consequently, the Tribunal affirmed the delegate’s decision to refuse to revoke the cancellation of Mr. Onwong’a’s Bridging E visa.