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05 April 2017
2. Visa Details
Date of visa grant: 04 April 2017
Visa class/subclass: Visitor (Class FA) Subclass 600 (Visitor) visa
Visa expiry date: 04 July 2017
Stay period of visa: One month
Previous visa cancellations: Nil
(Including any section 20 determination and entry permit termination before 1 September 1994)
File Number: BCC2017/649772
Section 116(1)(e)(i)
(1) Subject to subsections (2) and (3), the Minister may cancel a visa if he or she is satisfied that:
(e) the presence of its holder in Australia is or may be, or would or might be, a risk to:
(i) the health, safety or good order of the Australian community or a segment of
the Australian community.
The Department recently became aware of information that indicates there is a risk that members of
the public will react adversely to Mr Tamimis presence in Australia regarding his views of the
ongoing political tensions in the Middle East.
Assessment
I am satisfied that:
there is a ground for cancelling the visa under section 116 of the Migration Act (section 128(a)(i));
it is appropriate to cancel in accordance with Subdivision F of the Migration Act (section
128(a)(ii)); and
departmental records show that Mr Tamimi is outside Australia (section 128(b)).
The Department has recently been made aware of information that indicates there is a risk that
members of the public will react adversely to Mr Tamimis presence in Australia regarding his views
of the ongoing political tensions in the Middle East. Therefore, there is a risk that his presence in
Australia would or might pose a risk to the good order of the Australian community.
The reasons I consider it appropriate to cancel without notice under section 128 of the Migration Act
are:
Residual discretion
Having been satisfied that there is a ground for cancelling the visa under section 116 of the Migration
Act (section 128(a)(i)); it is appropriate to cancel in accordance with Subdivision F of the Migration
Act (section 128(a)(ii)); and that Mr Tamimi is outside Australia (section 128(b)), I must now exercise
my residual discretion in deciding whether to cancel the visa. In doing so, I have considered the
following matters:
Mr Tamimi was to appear as a speaker at a conference being held from 13 to 16 April 2017 in
Victoria. I give some weight in Mr Tamimis favour.
There is no evidence before me that Mr Tamimi has held any previous Australian visas or that
he has ever travelled to Australia. Therefore, I have not given any consideration to this factor.
The degree of hardship that may be caused to the visa holder and any family members
Mr Tamimi may suffer some financial hardship even though the letter of support by the
conference organisers states they will cover his travel and accommodation costs. I have no
information before me that any of Mr Tamimis family members would be adversely impacted
by the cancellation of his visa. I give a little weight in Mr Tamimis favour.
The circumstances in which the ground for cancellation arose (extenuating circumstances
beyond the visa holders control that led to the grounds existing)
Mr Tamimi was granted a visa to speak publicly about his views regarding the ongoing
political tensions in the Middle East. I give some weight in Mr Tamimis favour that he was
granted the visa for this purpose and that he would be unaware that subsequent information
has resulted in considering cancellation of his visa.
The visa holders past and present behaviour towards the department
Mr Tamimi has been cooperative by providing all relevant information required for his visa
application and there is no evidence before me that Mr Tamimi has had any other contact with
the department. Therefore, I give a little weight in favour of Mr Tamimi.
Cancellation of Mr Tamimis visa will not result in consequential cancellation of any other
visas. Therefore, I have not given this factor any consideration.
Mr Tamimi no longer holds a valid visa for travel to and stay in Australia. He is also subject
to PIC 4013 exclusion period for three years from the date the visa was cancelled. I give a
little weight in Mr Tamimis favour.
Australias international obligations apply to persons within Australias territory and within
Australias jurisdiction. As Mr Tamimi is currently outside Australia, there are no
international obligations to be considered. Therefore, I have not given any consideration to
this factor.
PART D: DECISION
In view of the findings and assessment above, I have decided to cancel Mr Tamimis visa.
RECORD OF DECISION
Arva
60000510
05 April 2017
21:00 hours