Su (Migration)

This matter concerned the review of a decision to cancel the Temporary Skill Shortage (Class GK) visa, subclass 482, held by the applicant. The cancellation was based on the applicant's conviction for multiple offences under Victorian law, including false imprisonment, unlawful assault, intentionally causing injury, and theft of a vehicle, for which he received a sentence of seven months imprisonment.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. Section 116(1)(g) permits the Minister to cancel a visa if satisfied that a prescribed ground applies, and regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth) prescribes that a holder of a temporary visa has been convicted of an offence against Commonwealth, State, or Territory law.

The Tribunal found that the ground for cancellation was established, as the applicant had been convicted of offences under Victorian law. However, as this ground did not mandate cancellation, the Tribunal proceeded to consider the exercise of discretion. The Tribunal had regard to the applicant's circumstances, including his skilled employment as a meat worker, the reliance of his sponsoring employer on his skills, his plans to apply for permanent residency, and significant financial commitments such as a car loan and a substantial deposit on an off-the-plan apartment. Furthermore, the Tribunal considered the applicant's financial support for his mother, who had been diagnosed with terminal cancer, and accepted that the cancellation of his visa would cause him financial disadvantage. On balance, the Tribunal concluded that the factors favouring non-cancellation outweighed those favouring cancellation.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's subclass 482 visa. The Tribunal noted it had no jurisdiction concerning a second applicant.