Adefarakan and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by Mr Adefarakan, a Nigerian citizen, for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs not to revoke the mandatory cancellation of his visa. Mr Adefarakan's visa was cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to his substantial criminal record, which arose from convictions for offences including assault occasioning actual bodily harm, common assault, and contravening domestic violence orders.

The legal issues before the Tribunal were whether there was "another reason" why the mandatory cancellation of Mr Adefarakan's visa should be revoked, considering Ministerial Direction No. 99, and whether the decision to affirm the cancellation was the correct and preferable one. The Tribunal was required to conduct a comprehensive, holistic, and integrated assessment of all relevant considerations, including the primary considerations outlined in the Ministerial Direction and any other relevant factors.

The Tribunal considered Mr Adefarakan's extensive offending history, which included multiple instances of domestic violence and contravention of apprehended domestic violence orders. It noted that despite previous opportunities for rehabilitation, including a Community Correction Order and a period of incarceration, Mr Adefarakan had continued to reoffend. While acknowledging Mr Adefarakan's expressions of remorse and claims of rehabilitation, the Tribunal found that these were outweighed by the seriousness and pattern of his offending behaviour, particularly the domestic violence offences which occurred even after he was aware that such conduct could lead to deportation. The Tribunal concluded that it was not satisfied that there was another reason to revoke the visa cancellation.

Accordingly, the Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of Mr Adefarakan's visa.