Vo (Migration)

This matter concerned an appeal by Mr Vo against the decision of the Minister to cancel his Subclass 500 (Student) visa. The Minister's decision was based on the ground that Mr Vo's presence in Australia was, or might be, a risk to the safety or good order of the Australian community, pursuant to section 116(1)(e) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(e) was made out, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal considered information from the Australian Federal Police indicating Mr Vo had been charged with offences including reckless threat to kill, stalking, and use of a carriage service to menace, harass or offend. While most charges were withdrawn, Mr Vo was convicted of threatening to capture or distribute intimate images, for which he received a 12-month good behaviour bond and community service.

The Tribunal found that the ground for cancellation under section 116(1)(e) was satisfied, noting that the power to cancel a visa under this provision can arise on the possibility of risk, not requiring a certain foundation. In exercising its discretion, the Tribunal considered various factors, including Mr Vo's immigration history, his compliance with visa conditions, the circumstances of the offending, and the potential hardship to him. Mr Vo had arrived in Australia in 2014, had progressed through his studies, and was nearing completion of his Certificate IV. He expressed a clear intention to return to Vietnam to pursue a career in the culinary industry. Despite these mitigating factors, the Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel Mr Vo's Subclass 500 (Student) visa.