Speirs (Migration)

This matter concerned an appeal by the applicant, Mr Speirs, against the decision of the delegate of the Minister to cancel his Subclass 444 (Special Category) visa. The cancellation was based on the ground that Mr Speirs had been convicted of certain criminal offences.

The primary legal issue before the Tribunal was whether it should exercise its discretion to cancel Mr Speirs' visa, notwithstanding that the ground for cancellation under section 116(1)(e) of the *Migration Act 1958* (Cth) had been established. The Tribunal was required to consider the relevant circumstances, including those outlined in the Department's Procedures Advice Manual, to determine if cancellation was warranted.

In reaching its decision, the Tribunal considered various factors. It noted Mr Speirs' long-standing residence in Australia since 2000, his strong family ties including a partner and child, and his employment opportunities. The Tribunal also acknowledged Mr Speirs' claims of mental health issues, though without supporting medical evidence, and accepted that he would likely have access to adequate healthcare in New Zealand. Despite the applicant's significant links to Australia and the potential hardship cancellation might cause, the Tribunal ultimately concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr Speirs' Subclass 444 (Special Category) visa.