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DECISION RECORD OF VISA CANCELLATION UNDER SECTION 128 OF THE MIGRATION ACT 1958 05 April

DECISION RECORD OF VISA CANCELLATION UNDER SECTION 128 OF THE MIGRATION ACT 1958

05 April 2017

PART A:

PERSONAL AND VISA DETAILS

1. Personal particulars of visa holder

Family Name:

TAMIMI Bassem Mohammed Abdelrahman 30 March 1967 Palestinian Married Male

Given Names:

Date and Place of Birth:

Citizenship:

Marital Status:

Sex:

Application ID:

EGODKSSAI8

2. Visa Details

Date of visa grant:

Visa class/subclass:

Visa expiry date:

Stay period of visa:

Previous visa cancellations:

(Including any section 20 determination and entry permit termination before 1 September 1994)

04 April 2017 Visitor (Class FA) Subclass 600 (Visitor) visa 04 July 2017 One month Nil

File Number:

BCC2017/649772

PART B:

CONSIDERATION OF VISA CANCELLATION

(Possible) grounds for cancellation:

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.

Evidence of grounds for cancellation:

The Department recently became aware of information that indicates there is a risk that members of the public will react adversely to Mr Tamimi’s presence in Australia regarding his views of the ongoing political tensions in the Middle East.

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PART C:

GROUNDS FOR CANCELLATION

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)).

Section 128(a)(i) of the Migration Act

I am satisfied that there are grounds for cancellation of this visa under section 128 of the Migration

Act, relying on the grounds at section 116(1)(e)(i) on the basis that Mr Tamimi’s presence in Australia

would or might be a risk to the good order of the Australian community.

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 Tamimi’s 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.

Section 128(a)(ii) of the Migration Act Having full regard to all of the circumstances of the case, I am satisfied it is appropriate to cancel the visa in accordance with Subdivision F of the Migration Act.

The reasons I consider it appropriate to cancel without notice under section 128 of the Migration Act

are:

Mr Tamimi has not previously travelled to Australia

If Mr Tamimi was given notice of the intention to consider cancellation of his visa, he is likely to attempt to travel to Australia in the belief that it would be more difficult for his visa to be cancelled

Section 128(b) of the Migration Act

I find that Mr Tamimi is outside Australia. This is based on departmental records available to me. (ICSE and/or IRIS records, movement records, etc)

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:

Purpose of the visa holder’s travel to and stay in Australia

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 Tamimi’s favour.

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The extent of their compliance with visa conditions

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 Tamimi’s family members would be adversely impacted by the cancellation of his visa. I give a little weight in Mr Tamimi’s favour.

The circumstances in which the ground for cancellation arose (extenuating circumstances beyond the visa holder’s 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 Tamimi’s 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 holder’s 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.

Any consequential cancellations that may result

Cancellation of Mr Tamimi’s visa will not result in consequential cancellation of any other visas. Therefore, I have not given this factor any consideration.

Legal consequences of a decision to cancel the visa

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 Tamimi’s favour.

Australia’s international obligations

Australia’s international obligations apply to persons within Australia’s territory and within Australia’s 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.

Any other matters There are no other matters to take into consideration.

PART D:

DECISION

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In view of the findings and assessment above, I have decided to cancel Mr Tamimi’s visa.

RECORD OF DECISION

Section Subparagraph 128(a)(i) of the Migration Act

SATISFIED

Section Subparagraph 128(a)(ii) of the Migration Act

SATISFIED

Section Paragraph 128(b) of the Migration Act

SATISFIED

Cancellation of Mr Tamimi’s FA-600 Visitor visa

CANCEL VISA

Arva

60000510

05 April 2017

21:00 hours