SU (Migration)

This matter concerned an application to the Administrative Appeals Tribunal (Cth) concerning the cancellation of the applicant's Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant had been convicted of multiple offences, including fraud and assault, while holding the visa. The delegate of the Minister had decided to cancel the visa, and the applicant sought review of this decision.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(oa) of the Migration Act 1958 (Cth) was satisfied, and if so, whether the discretion to cancel the visa should be exercised. The applicant had provided submissions regarding the circumstances of his offending, attributing it to immaturity and alcohol consumption, and had also raised claims of hardship should his visa be cancelled.

The Tribunal found that the ground for cancellation under section 116(1)(oa) was satisfied, as it was not disputed that the applicant had been convicted of offences against a law of the Commonwealth, a State or Territory while holding the subclass 820 visa. In considering the exercise of discretion, the Tribunal had regard to the applicant's submissions and evidence. The Tribunal noted that the applicant's claims of good character were not strongly supported by his actions leading to convictions for fraud and assault. Furthermore, there was no evidence that the applicant had taken any steps to mitigate his behaviour, such as ceasing alcohol consumption or seeking professional help, despite suggesting alcohol was a significant contributing factor to his offending. The Tribunal also considered the applicant's claims of hardship, including the inability to secure stable employment or Medicare benefits in Australia, but also noted his assertion that he could easily find work and similar benefits in China and preferred to return there.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, considering all the circumstances, the visa should be cancelled.