Supaporn (Migration)

This matter concerned an appeal by Supaporn against the cancellation of her Partner (Provisional) (Class UF) visa, Subclass 309. The cancellation was based on criminal convictions, for which she received an intensive correction order and community service. The Administrative Appeals Tribunal (AAT) was required to determine whether to affirm the decision to cancel the visa, considering the discretion afforded to it under migration law.

The primary legal issue before the AAT was whether, despite the existence of a ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth), the applicant's visa should be cancelled. This involved a discretionary assessment, where the Tribunal had to weigh various factors, including the applicant's circumstances, the nature of her relationship with her Australian citizen partner, and the potential hardship that cancellation would cause. The Tribunal also considered the applicant's past non-compliance with the conditions of a previous Student visa.

In its reasoning, the AAT acknowledged that the applicant had a genuine and long-standing de facto relationship with her partner, who relied on her emotionally and financially. It accepted that the partner had significant ties to Australia and could not relocate to Thailand. The Tribunal also considered the mental health issues of both the applicant and her partner, and the potential hardship if the applicant were to leave Australia, finding these factors weighed against cancellation. However, the Tribunal also noted the applicant's failure to maintain enrolment in a registered course under her previous Student visa, constituting a breach of visa conditions. Despite the compelling factors in favour of the applicant, the Tribunal concluded that, when considering all circumstances, the visa should be cancelled.

Consequently, the AAT affirmed the decision to cancel Supaporn's Subclass 309 (Partner (Provisional)) visa.