Shaheen (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Shaheen, an applicant for a Temporary Skill Shortage (Class GK) visa (subclass 482). The dispute concerned the cancellation of this visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Minister's decision to cancel was based on the applicant's alleged risk to the health or safety of an individual, stemming from criminal charges that had been laid against him.

The primary legal issue before the AAT was whether the grounds for cancellation, as stipulated in the *Migration Act 1958* (Cth), were made out. Specifically, the Tribunal had to determine if the applicant posed a risk to the health or safety of an Australian individual, and if the circumstances surrounding his employment and subsequent criminal proceedings justified the cancellation of his visa.

The Tribunal found that the applicant had been charged with criminal offences, but these proceedings were subsequently discontinued. Furthermore, his employment, which was the basis for his visa, had been terminated. Crucially, the AAT determined that the cancellation power under the relevant section of the *Migration Act* did not arise in these circumstances, as the risk to health or safety was not established given the discontinuation of the criminal proceedings and the termination of employment. Consequently, the AAT set aside the Minister's decision to cancel the visa.