Zhang (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) – Subclass 573 visa held by the applicant, Mr Zhang. The Minister had sought to cancel the visa under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994, following the applicant's convictions for producing a false or misleading document and having custody of an offensive implement in a public place.

The Tribunal was required to determine whether the grounds for cancellation existed and, if so, whether to exercise its discretion to cancel the visa. The applicant had been convicted of two offences against the laws of New South Wales, which constituted a prescribed ground for cancellation under regulation 2.43(1)(oa) as he held a temporary visa. The Tribunal found that this ground for cancellation was satisfied.

In considering the exercise of discretion, the Tribunal noted that the cancellation of the visa would prevent the applicant from completing his studies in Australia and would render him an unlawful non-citizen. The applicant expressed remorse for his actions and a desire for a second chance, stating his family's disappointment and potential disownment. However, the Tribunal found that the applicant's claims regarding his family's potential reaction were not entirely credible, given his parents' financial support and professional standing. Despite this, the Tribunal concluded that the circumstances as a whole did not warrant the cancellation of the visa.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 573 visa.