Al Mansori and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by Mr Al Mansori for the revocation of a mandatory visa cancellation, which had been made on character grounds under section 501 of the Migration Act 1958 (Cth). The Minister for Immigration and Border Protection had affirmed the cancellation. The Administrative Appeals Tribunal (AAT) was required to consider whether there was another reason to revoke the cancellation.

The primary legal issue before the Tribunal was whether Mr Al Mansori had demonstrated another reason to revoke the mandatory visa cancellation, having regard to the principles outlined in Ministerial Direction 65. This involved assessing the nature and seriousness of Mr Al Mansori’s conduct, including his criminal offending, and the risk to the Australian community should he commit further offences. The Tribunal was required to consider the evidence of his past convictions and any other relevant information, while being mindful of the weight to be given to unproven allegations.

The Tribunal considered Mr Al Mansori's criminal history, noting that his failure to pass the character test was not based on a single conviction. The Tribunal examined specific convictions, including a 2008 conviction for exceeding the speed limit and a 2006 conviction for disorderly behaviour, loitering, and resisting police. The latter involved Mr Al Mansori being influenced by alcohol, smashing a bottle inside a club, continuing to yell offensive words and damage property after being removed, refusing to cease loitering, and violently resisting arrest. The Tribunal noted that Mr Al Mansori was not interviewed in relation to this incident due to his violent and unpredictable behaviour. Ultimately, the Tribunal was not satisfied that there was another reason to revoke the cancellation of the visa.