Albert and Minister for Immigration and Border Protection (Migration)

The applicant, a citizen of Fiji, sought review of the cancellation of his partner visa by the Minister for Immigration and Border Protection. The applicant had resided in Australia since 2011 and married an Australian citizen. His visa was mandatorily cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to his substantial criminal record and serving a full-time custodial sentence for dangerous driving causing death and grievous bodily harm, and leaving the scene of the accident.

The Administrative Appeals Tribunal was required to determine whether the decision to cancel the applicant's visa should be affirmed. This involved considering the principles outlined in the Direction 99, particularly concerning the protection of the Australian community from criminal or other serious conduct, and the best interests of minor children. The Tribunal had to assess the nature and seriousness of the applicant's conduct, the risk to the community if he reoffended, and any other relevant considerations.

The Tribunal reasoned that the applicant's conduct on 27 March 2014 was extremely serious, resulting in the death of one person and grievous bodily harm to others, compounded by driving under the influence and leaving the scene. The Tribunal gave significant weight to the protection of the Australian community and the seriousness of the offending conduct. While acknowledging the impact on the applicant's family, the Tribunal found that these considerations, along with other factors, did not outweigh the compelling reasons for visa cancellation.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.