Prabhat (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the visa of an applicant who held a Student (Temporary) (Class TU) Subclass 500 visa. The cancellation was based on the applicant's conviction for criminal offences, specifically stalking and intimidating with intent to cause fear of physical harm, and contravening an apprehended violence order.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) were established, and if so, whether the discretion to cancel the visa should be exercised. The applicant had been convicted of the offences in the NSW Local Court, a fact he conceded and which was supported by court documentation.

The Tribunal found that the ground for cancellation was established due to the applicant's convictions. While the ground did not mandate cancellation under section 116(3), the Tribunal proceeded to consider the exercise of discretion. It had regard to the circumstances surrounding the convictions, which arose from an incident at the Local Court involving the applicant's wife. The applicant explained that the convictions stemmed from a misunderstanding of an apprehended violence order and his behaviour at court while responding to earlier assault charges. Despite his explanation and his wife's alleged desire for the assault charges to be dropped, the Tribunal ultimately affirmed the decision to cancel the applicant's visa.