Ruru Mahara (Migration)

The Administrative Appeals Tribunal affirmed the delegate's decision to cancel Ms Ruru Mahara's Subclass 444 (Special Category) visa. Ms Mahara, a New Zealand national who had resided in Australia since childhood, had her visa cancelled due to concerns about her risk to the safety of the Australian community. At the time of the cancellation, she was on remand facing multiple criminal charges, and she possessed an extensive history of proven criminal offending between 2015 and 2018, including serious assault of a police officer.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(e) of the Migration Act 1958 (Cth) was made out, specifically whether Ms Mahara's presence in Australia posed a risk to the health, safety, or good order of the Australian community. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, weighing all relevant circumstances.

The Tribunal reasoned that Ms Mahara's extensive criminal history, particularly the convictions for serious assault of a police officer and common assault against a police officer, demonstrated a significant disregard for authority and indicated a risk to the safety of the Australian community. While acknowledging factors weighing against cancellation, such as Ms Mahara's long residence in Australia, her family ties including a minor sister and niece, and the potential emotional and financial hardship to her family, the Tribunal found these were outweighed by the gravity of her offending. The Tribunal was not satisfied that Ms Mahara was no longer a risk, noting her history of offending when exposed to temptations like illicit drug use and her demeanour during the review hearing, which suggested a lack of genuine remorse or acceptance of responsibility. Consequently, the Tribunal concluded that Ms Mahara presented a real risk of reoffending and posed a threat to the safety of the Australian community.