Parata (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel Mr Parata's Subclass 444 (Special Category) visa under section 116 of the *Migration Act 1958* (Cth). The delegate cancelled the visa on the basis that Mr Parata posed a risk to the health, safety, or good order of the Australian community, or to the health or safety of individuals. The central issue before the Tribunal was whether this ground for cancellation was made out, and if so, whether the visa should be cancelled.

The Tribunal was required to determine if the ground for cancellation under section 116(1)(e) of the Act was established, considering Mr Parata's extensive criminal history, which included multiple convictions, periods of imprisonment, suspended sentences, and community corrections orders, with the total of sentences exceeding 12 months. If the ground was established, the Tribunal then had to exercise its discretion as to whether to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the ground for cancellation under section 116(1)(e) was satisfied. In exercising its discretion regarding cancellation, the Tribunal considered Mr Parata's long residence in Australia since childhood, his schooling, and his strong family ties, including his four children. It also had regard to his submissions concerning a difficult upbringing marked by parental separation, domestic violence, and significant alcohol and drug use by his mother and her partners. Mr Parata also detailed his own struggles with alcohol and drug use and stated he had not engaged in physical violence against his partners, only in self-defence or to assist friends. The Tribunal noted that the notice issued under section 119 of the Act, which advised Mr Parata of the grounds for potential cancellation, failed to provide a complete record of his convictions, thereby denying him a full opportunity to respond to the particulars of the alleged offending. Despite this procedural failing, the Tribunal affirmed the decision to cancel the visa.