tran (Migration)

This matter concerned an application to affirm the decision to cancel the applicant's Subclass 010 (Bridging A) visa. The applicant had been granted the Bridging A visa on the basis of a pending application for a Subclass 573 Student visa. The cancellation was initiated following the applicant's conviction in the District Court of New South Wales for supplying a prohibited drug (commercial quantity), for which he received a two-year good behaviour bond with no conviction recorded. The applicant failed to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994 (Cth) was made out, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to consider the prescribed grounds for cancellation, which included the applicant's conviction for a serious drug offence.

The Tribunal found that the ground for cancellation was established, as the applicant had been convicted of supplying a prohibited drug. In considering the exercise of discretion, the Tribunal had regard to various factors, including the applicant's purpose for remaining in Australia, his compliance with visa conditions, and the potential hardship that cancellation might cause. While the applicant expressed a desire to complete his nursing studies, he acknowledged that his conviction made it unlikely he would be granted a further student visa. The Tribunal noted the applicant's failure to attend the hearing and the lack of updated evidence regarding his circumstances or relationships in Australia.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Bridging A visa, concluding that, in light of all the circumstances and the relevant discretionary considerations, cancellation was warranted.