Ali and Minister for Home Affairs (Migration)

This matter concerned an appeal by Mr Ali against the mandatory cancellation of his Class BB Subclass 155 Five Year Resident Return visa. The cancellation was based on Mr Ali failing the character test due to a substantial criminal record, specifically for offences including driving while disqualified, alcohol-related offences, domestic violence, common assault, and assault occasioning actual bodily harm, for which he had received custodial sentences. The Minister for Home Affairs had decided not to revoke the cancellation.

The Administrative Appeals Tribunal was required to determine whether there was "another reason" to set aside the mandatory visa cancellation, considering the criteria outlined in Ministerial Direction No. 65. This involved assessing the primary considerations, including the protection of the Australian community, the best interests of minor children, and the expectations of the Australian community, as well as other considerations such as non-refoulement obligations, the strength of ties to Australia, the impact on victims, and the extent of impediments to removal. The Tribunal also had to consider the applicant's evidence regarding his family ties and his rehabilitation, and weigh this against the seriousness of his criminal history and his past behaviour.

The Tribunal found that while the best interests of the minor children weighed marginally in favour of setting aside the cancellation, the safety of the Australian community and its expectations weighed significantly in favour of upholding it. The Tribunal also considered the applicant's evidence, including statements from his adult children, but found it lacked plausibility given the family's cohabitation and the documented instances of domestic violence. Despite acknowledging some "other considerations" that weighed marginally in Mr Ali's favour, the Tribunal concluded that his repeated violent offences, disregard for Australian law, failure to appreciate the gravity of domestic violence, and lack of demonstrated rehabilitation after receiving suspended custodial sentences meant he had forfeited his entitlement to remain in Australia.

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