Robertson (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 444 (Special Category) visa held by an applicant with a criminal history involving guilty pleas for family violence offences. The applicant sought to have the cancellation decision set aside.

The primary legal issue before the Tribunal was whether the discretion to cancel the applicant's visa should be exercised, given that the ground for cancellation under s 116(1)(e) of the *Migration Act 1958* (Cth) did not mandate cancellation. The Tribunal was required to consider the relevant circumstances in exercising this discretion.

In its reasoning, the Tribunal had regard to factors outlined in the Department's Procedures Advice Manual, including the purpose of the visa, the applicant's compelling need to remain in Australia, his compliance with visa conditions, and the degree of hardship that cancellation might cause. The Tribunal noted the applicant's family ties in Australia, his employment, and his stated intention to start a new life there. It also considered the financial and emotional hardship he would face if forced to return to New Zealand, where he had sold all his possessions. Despite these considerations, the Tribunal ultimately concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 444 (Special Category) visa.