Ramos De Oliveira (Migration)

This matter concerned the review of a decision to cancel the Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector), held by the applicant, Ms. Ramos De Oliveira. The dispute arose from the applicant's conviction for an offence against a law of New South Wales, which constituted a ground for visa cancellation under the Migration Act 1958 (Cth). The Administrative Appeals Tribunal was tasked with determining whether the cancellation decision should be affirmed.

The primary legal issue before the Tribunal was whether the ground for cancellation, as prescribed by regulation 2.43(1)(oa) of the Migration Regulations 1994, was established. This regulation requires the Minister to be satisfied that the holder of a temporary visa has been convicted of an offence against a law of the Commonwealth, a State, or a Territory. If this ground is established, the Tribunal then had to consider whether, in the exercise of its discretion, the visa should be cancelled, taking into account all relevant circumstances.

The Tribunal found that the applicant had indeed been convicted of the offence of Destroy or Damage Property on 21 June 2017, satisfying the prescribed ground for cancellation under section 116(1)(g) of the Act. While the applicant raised issues regarding confusion about court dates and an appeal against the conviction, the Tribunal noted that no further evidence regarding the appeal had been received. In exercising its discretion, the Tribunal considered the applicant's purpose of study in Australia, her positive academic and work record, and her established relationships. However, it also noted that the applicant had already departed Australia. Weighing these factors, the Tribunal concluded that the decision to cancel the visa should be affirmed.