Spencer (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant whose Bridging A (Class WA) visa, Subclass 010, was subject to cancellation. The dispute centred on whether the grounds for cancellation under section 116(1)(e) of the *Migration Act 1958* (Cth) were met.

The primary legal issue before the Tribunal was to determine if the applicant's conduct, specifically a number of criminal charges laid against them, posed a risk to the safety of the Australian community or an individual, thereby justifying the cancellation of their visa. The Tribunal was required to assess the seriousness of the offending, the outcomes of the charges, and whether any behavioural restrictions had been imposed by an Australian court.

In its reasoning, the Tribunal found that while criminal charges had been laid, no convictions were recorded, and the offending was of a low scale, with fines having been paid. Crucially, no behaviour restrictions were imposed by an Australian court. Based on these findings, the Tribunal concluded that it was not satisfied that the ground for cancellation under section 116(1)(e) was established. Consequently, the power to cancel the applicant's visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 010 (Bridging A) visa.