Shitol (Migration)

This matter concerned an application by the applicant, a holder of a Subclass 500 (Student) visa, to review the decision to cancel that visa. The cancellation was based on the applicant's criminal convictions for contravening an Apprehended Domestic Violence Order (ADVO). The applicant argued that the breach was inadvertent, stemming from the protected person moving workplaces, and that the offences were of a lower level of seriousness.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(g) of the Migration Act 1958 (Cth) was made out, and if so, whether the discretion to cancel the visa should be exercised. The relevant prescribed ground for cancellation was r 2.43(1)(oa) of the Migration Regulations 1994 (Cth), which applies if a visa holder has been convicted of an offence against a law of the Commonwealth, a State or Territory.

The Tribunal found that the applicant had been convicted of two offences of contravening an ADVO, one with a s 10A conviction and no penalty, and the other with a $500 fine. The applicant conceded these convictions, satisfying the ground for cancellation. As this ground did not mandate cancellation, the Tribunal then considered its discretion. It had regard to the circumstances of the case, including the applicant's submissions, and the matters outlined in the Department's Procedures Advice Manual, such as the purpose of the visa, compelling reasons to remain, compliance with visa conditions, hardship, extenuating circumstances, and the impact of cancellation. The Tribunal concluded that the visa should be cancelled.