Wu (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Bridging E (Class WE) visa held by Mr. Wu, a citizen of Taiwan. Mr. Wu's visa had been cancelled by the delegate on the basis of criminal charges laid against him in the Brisbane Supreme Court. He was subsequently granted a Bridging E visa, which was also cancelled. The Tribunal was tasked with reviewing this second cancellation decision.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth), as prescribed by regulation 2.43(1)(p)(ii) of the Migration Regulations 1994, was established. This ground relates to the applicant being charged with certain offences. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, having regard to Direction No. 63, which outlines the considerations for cancelling Bridging E visas in such circumstances.

The Tribunal found that the ground for cancellation was established, noting that Mr. Wu had been charged with multiple offences, including assault occasioning bodily harm and extortion. While a co-accused provided a statutory declaration suggesting the case was circumstantial and denying Mr. Wu's involvement in an alleged physical attack, the Tribunal was satisfied that the charges themselves constituted a prescribed ground for cancellation. In exercising its discretion, the Tribunal considered the primary considerations under Direction No. 63, including the government's view on rigorous application of cancellation grounds and the best interests of any children, as well as secondary considerations such as hardship and the circumstances of the alleged offences. Despite acknowledging the presumption of innocence and the need for proportionality, the Tribunal concluded that the totality of the circumstances warranted the affirmation of the visa cancellation.