ZHUO (Migration)

This matter concerned an appeal by an applicant, identified as ZHUO, against the cancellation of his Subclass 500 (Student) visa. The cancellation was based on the ground that his presence in Australia posed a risk to the safety of individuals or the Australian community. The applicant had faced charges related to contravening an Apprehended Domestic Violence Order (ADVO), and prior to that, had been charged with offences including intentionally choking a person and assault occasioning actual bodily harm.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(e) of the Migration Act 1958 (Cth) were made out, and if so, whether to exercise its discretion to affirm the cancellation. Specifically, the Tribunal had to consider if the applicant's presence in Australia was, or might be, a risk to the health, safety, or good order of the Australian community or an individual. The Tribunal also had to assess the extent of hardship the applicant or his family might suffer if the visa were cancelled, and consider the applicant's stated intention to study in Australia.

The Tribunal reasoned that the ground for cancellation under section 116(1)(e)(i) was established, noting that the power to cancel a visa under this section does not require a direct, solid, or certain foundation, but can arise from a possibility of past events. The Tribunal interpreted "good order of the Australian community" to encompass activities that impact public order, disrupt the administration of law, or create difficulties in relation to societal values. Despite the charges being withdrawn, the Tribunal found that repeated contraventions of an ADVO, coupled with prior serious charges, indicated a risk to the safety of individuals. While acknowledging the applicant's intention to study and the limited hardship he might face, including financial loss on course fees, the Tribunal concluded that these factors did not outweigh the risk posed by his presence.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.