Saint (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 500 visa was cancelled. The dispute centred on whether the cancellation decision should be affirmed, following criminal convictions that raised concerns about the applicant's risk to the Australian community.

The Tribunal was required to determine two primary legal issues. First, whether the ground for cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) was made out, specifically whether the applicant's presence in Australia posed or might pose a risk to the health, safety, or good order of the Australian community. Second, if the ground for cancellation was established, whether the Minister's discretion to cancel the visa should be exercised in the applicant's circumstances.

The Tribunal reasoned that the ground for cancellation under s 116(1)(e) was satisfied, noting that the applicant had been convicted of supplying prohibited drugs, possessing stolen goods, and publishing false and misleading material to obtain an advantage. These convictions, particularly the drug supply offence, were considered to present a risk to the good order of the Australian community. While acknowledging the applicant's remorse, his admission of responsibility, and his desire to continue his studies, the Tribunal found that these factors did not constitute compelling reasons to set aside the cancellation. The Tribunal applied the principles that the power to cancel a visa can arise on a possibility of risk and that the term "good order" encompasses activities that might be disruptive to the observance of the law or create public disruption.

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