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
Given Names: Bassem Mohammed Abdelrahman
Date and Place of Birth: 30 March 1967
Citizenship: Palestinian
Marital Status: Married
Sex: Male
Application ID: EGODKSSAI8

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

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 Tamimis presence in Australia regarding his views of the
ongoing political tensions in the Middle East.

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
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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 Tamimis 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 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.

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 holders 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 Tamimis 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
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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 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.

Any consequential cancellations that may result

Cancellation of Mr Tamimis 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 Tamimis favour.

Australias international obligations

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.

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
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PART D: DECISION

In view of the findings and assessment above, I have decided to cancel Mr Tamimis 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 Tamimis FA-600 Visitor visa CANCEL VISA

Arva
60000510
05 April 2017
21:00 hours

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