Paron (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Subclass 500 (Student) visa. The cancellation was based on the applicant's conviction for cultivating a controlled plant, specifically cannabis, contrary to a law of Victoria. The applicant had been sentenced to six months imprisonment, suspended upon entering into a recognisance and agreeing to be of good behaviour for 12 months.

The primary legal issue before the Tribunal was whether the decision to cancel the applicant's visa should be affirmed. This required the Tribunal to first determine if a ground for cancellation existed under section 116(1)(g) of the Migration Act 1958 (Cth), and if so, to then consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that the ground for cancellation was established, as the applicant had been convicted of an offence against a law of a State, as prescribed by regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth). Although this ground did not mandate cancellation, the Tribunal proceeded to consider its discretion. In doing so, it had regard to the applicant's submissions, including that he had complied with all visa conditions during his stay in Australia since 2018, that the offending was for a short period and not profit-motivated, and that he was facing financial hardship and the prospect of homelessness. The Tribunal also noted the applicant's intention to return to Italy upon completion of his studies to resume his business. Despite these mitigating factors, the Tribunal concluded that, considering the circumstances as a whole, the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.