Government Dcparlmenl 01 Immigration and Border Pmleelion DECISION RECORD OF VISA CAVCELLATION UVDER SECTIOV l28 OF THE MIGRA TIONACT 1958 05 Aprll 2017 PART A: PERSOVAL AVD VISA DETAILS Personal particulars ofvlsa holder Famlly Name TAMIMI Given Names Bassem Mohammed Abdelrahman 2 Vlsa Delalls Dale gran! o4 Apr112017 Vlsa class/subclass (Class FA) Subclass 500 \llsa Vlsa dale 04 July 2017 Slay nertcd One month Prevrous vlsa (lm-ludmg any Kenton determma/lun and zn/ry perm" before I Sap/Ember 1994; PART B: CONSIDERATION or VISA CANCELLATIOV grounds for cancellallon Seeuon 116( Subjecl In subsecllons (2) and (3), Ihe may cancel a vlsa trhe or she ls satisfied lhal the presence hnlder In ls or may be, or uould or be, a to (I) the health, safety or good order oflhe centntunrty or a segmenl or (he commumly Evidence nfgmunds for cancellation The Deparlmenl recently became aware lhal Indlcales Ihere ls a risk lhal members of the publlc mu react adversely tn Mr Tamlml's presence In Vlews oflhe ln Ihe Easl 6 Chan Street ACI 2617 P0 Bat 25 2616 - [elephnne 02 5254 . 02 5225 5970 . Wehsne mm border g0\ zlu -2- 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. 6 Chan Street Belconnen ACT 2617 PO Box 25 BELCONNEN ACT 2616  Telephone 02 6264 1111  Facsimile 02 6225 6970  Website: www.border.gov.au -3-         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. 6 Chan Street Belconnen ACT 2617 PO Box 25 BELCONNEN ACT 2616  Telephone 02 6264 1111  Facsimile 02 6225 6970  Website: www.border.gov.au PART D: DECISION ln VIEW oflhe findIngs and assessmenl above, I have decided In cancel Mr TamImI's visa RECORD OF DECISION Secuon Subparagraph 128(a)(1)nflhe MIgralIon Act SATISFIED Secuon Subparagraph 123(a)(u) oflhe MIgraIIon Act SATISFIED Secuon Paragraph 1281b10flhe MIgralIon Acl SATISFIED CancellalIon oerTamImI's FA-600 \IIsa CANCEL VISA 6 Chan Sucex Belconnen ACI 2617 P0 Em 25 2616 - 02 5254 I I II . Iacmmle 02 5225 6970 . Website mm border go\ all