Zheng (Migration)

The Administrative Appeals Tribunal considered the case of Mr Zheng, an applicant for a visa, whose visa had been cancelled by the Minister. The dispute centred on whether the grounds for cancellation existed and, if so, whether the Minister's discretion to cancel the visa should be exercised.

The Tribunal was required to determine if the ground for cancellation under s 116(1)(e) of the *Migration Act 1958* (Cth) was made out. This section permits visa cancellation if the Minister is satisfied that the visa holder's presence in Australia poses a risk to the health, safety, or good order of the Australian community or an individual. The Tribunal also had to consider whether, having found a ground for cancellation, it was appropriate to exercise the discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal reasoned that the ground for cancellation under s 116(1)(e) was established because Mr Zheng had been charged with multiple serious criminal offences, including unlawful assault, criminal damage, resisting police, and making a threat to kill, all allegedly occurring in the context of domestic violence. While no convictions were recorded for all charges, a community correction order and a men's behaviour course were imposed. The Tribunal interpreted "good order of the Australian community" to encompass activities that might disrupt the observance of the law or create public disruption. In exercising its discretion, the Tribunal acknowledged Mr Zheng's stated intention to study in Australia, his compliance with other visa conditions, and the potential hardship a cancellation would cause his family and his educational pursuits. However, after considering these factors cumulatively, the Tribunal concluded that the circumstances warranted the cancellation of the visa.

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