Wang (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 572, held by the applicant. The dispute arose from the Minister's decision to cancel the visa on the grounds that the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community. The applicant had pleaded guilty to criminal offence charges.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(e) of the Migration Act 1958 (Cth) was made out, specifically whether the applicant's presence in Australia presented a risk to the health, safety, or good order of the Australian community. If this ground was established, the Tribunal then had to consider whether, in the exercise of its discretion, the visa cancellation should be affirmed, taking into account all relevant circumstances.

The Tribunal reasoned that the expression "good order of the Australian community" encompasses activities that impact public order or manifest in a public way, potentially disrupting the observance of law or creating public disruption. While the applicant's stated purpose for being in Australia was to study English and improve his living arrangements with his partner, his responses regarding his enrolment in a Certificate IV in Business, the educational provider, and his attendance were found to be implausible and lacking in detail. The Tribunal concluded that the applicant's criminal conviction, to which he had pleaded guilty, constituted a serious risk to the Australian community, outweighing the mitigating factors presented by the applicant.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 572 Vocational Education and Training Sector visa.