In a decision that is already sparking political backlash, the Administrative Review Tribunal (ART) has overturned the mandatory visa cancellation of Sri Lankan-born mechanic Tharanga Ehalape-Gamage, 42, who served three years in prison for a 2019 crash that killed his daughter and mother and seriously injured another motorist. Immigration officials had cancelled his permanent-resident visa in 2023 under Section 501 of the Migration Act after his sentence exceeded 12 months.
Senior tribunal member John Rau SC acknowledged the applicant’s “significant” domestic-violence history but ruled on 20 January that it was “marginally more likely than not” he would not re-offend, citing psychological reports and a reconciliation plan with his ex-wife. Because the ART lacks power to impose behavioural conditions, Rau said he was forced to take the applicant “at his word”—language that drew sharp criticism from women’s-safety advocates.
The case is one of the first to be decided under Ministerial Direction 110, issued in late 2025, which elevates community safety—especially family-violence concerns—as the primary consideration in visa-cancellation appeals. Lawyers say the ruling exposes a gap between the Direction’s intent and the tribunal’s limited enforcement tools.
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Corporate mobility teams grappling with Australia’s evolving visa landscape can turn to VisaHQ for up-to-date guidance and end-to-end filing support. The platform’s Australian portal (https://www.visahq.com/australia/) tracks legislative changes in real time and streamlines the paperwork for both temporary and permanent visas, helping HR departments anticipate risks like Section 501 cancellations before they impact staff.
Home Affairs Minister Tony Burke said his department is “reviewing options,” including personal ministerial intervention. Opposition leader Peter Dutton called the decision “a failure of border protection” and vowed to introduce legislation allowing courts to attach parole-style conditions to restored visas.
For employers, the immediate takeaway is that long-term residents facing cancellation can still win reinstatement, but the political climate suggests a tightening of the rules is likely. Mobility teams should factor in extended uncertainty when sponsoring staff who hold criminal records, even for historical offences.
Senior tribunal member John Rau SC acknowledged the applicant’s “significant” domestic-violence history but ruled on 20 January that it was “marginally more likely than not” he would not re-offend, citing psychological reports and a reconciliation plan with his ex-wife. Because the ART lacks power to impose behavioural conditions, Rau said he was forced to take the applicant “at his word”—language that drew sharp criticism from women’s-safety advocates.
The case is one of the first to be decided under Ministerial Direction 110, issued in late 2025, which elevates community safety—especially family-violence concerns—as the primary consideration in visa-cancellation appeals. Lawyers say the ruling exposes a gap between the Direction’s intent and the tribunal’s limited enforcement tools.
Corporate mobility teams grappling with Australia’s evolving visa landscape can turn to VisaHQ for up-to-date guidance and end-to-end filing support. The platform’s Australian portal (https://www.visahq.com/australia/) tracks legislative changes in real time and streamlines the paperwork for both temporary and permanent visas, helping HR departments anticipate risks like Section 501 cancellations before they impact staff.
Home Affairs Minister Tony Burke said his department is “reviewing options,” including personal ministerial intervention. Opposition leader Peter Dutton called the decision “a failure of border protection” and vowed to introduce legislation allowing courts to attach parole-style conditions to restored visas.
For employers, the immediate takeaway is that long-term residents facing cancellation can still win reinstatement, but the political climate suggests a tightening of the rules is likely. Mobility teams should factor in extended uncertainty when sponsoring staff who hold criminal records, even for historical offences.
