SALTER (Migration)

The Administrative Appeals Tribunal considered the case of Mr Salter, who sought to challenge the cancellation of his Subclass 444 (Special Category) visa. The dispute centred on whether the cancellation was justified on the grounds that Mr Salter's presence in Australia posed a risk to the Australian community.

The Tribunal was required to determine if the ground for cancellation under s 116(1)(e)(ii) of the Migration Act 1958 (Cth) was made out, specifically whether Mr Salter's presence in Australia was or might be a risk to the health, safety, or good order of the Australian community or a segment of it. If this ground was 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 reasoned that the ground for cancellation was established due to Mr Salter's lengthy and serious criminal history, which included convictions for grievous bodily harm, assaults, drug and property offences, and multiple breaches of court-imposed conditions, including domestic violence orders and bail conditions. Despite a period of no offending after a prior warning, Mr Salter resumed criminal activity, including serious domestic violence offences that posed a risk to his former partner and children. While acknowledging Mr Salter's personal tragedies and the support from his family, the Tribunal found that his criminal behaviour, particularly the contraventions of domestic violence orders, outweighed these subjective factors and the potential emotional hardship to his family if the visa were cancelled. The Tribunal also noted that Mr Salter downplayed the facts of his most recent conviction, which reduced the credit given to his claimed remorse.

Consequently, the Tribunal affirmed the decision to cancel Mr Salter's Subclass 444 (Special Category) visa.