Thapa (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to cancel the applicant's Subclass 010 (Bridging A) visa. The cancellation was based on the applicant's criminal convictions. The applicant argued that his relationship with his current partner, and his intention to pursue studies in Australia, constituted compelling reasons for his visa not to be cancelled.

The Administrative Appeals Tribunal (AAT) was required to determine whether the grounds for cancellation under s 116(1)(g) and r 2.43(1)(oa) of the Migration Regulations 1994 were established, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal also considered the applicant's stated purpose for travel and stay in Australia, including his relationship with his partner and his intention to study, as well as his compliance with visa conditions.

The Tribunal found that the applicant had been convicted of offences, establishing grounds for cancellation under the relevant provisions. While acknowledging the applicant's stated intention to study and his relationship with his partner, the Tribunal noted that a Bridging A visa is temporary and not intended to facilitate long-term settlement. The Tribunal also observed that the applicant's stated reasons for remaining in Australia with his partner might raise issues regarding the Genuine Temporary Entrant requirements for a Student visa, which was not a matter for the present review. The Tribunal concluded that the applicant's circumstances did not warrant the exercise of discretion to set aside the cancellation.

Accordingly, the Tribunal affirmed the decision to cancel the applicant's Subclass 010 (Bridging A) visa.