Amituanai and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Mr Amituanai against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on the applicant's failure to pass the character test under the *Migration Act 1958* (Cth) and the subsequent decision to refuse to revoke the cancellation of his visa. The case was heard by K Raif SM.

The primary legal issue before the Tribunal was whether there was another reason why the original decision to refuse to revoke the visa cancellation should be revoked, despite the applicant not passing the character test. This required the Tribunal to consider the primary considerations outlined in Direction 99, specifically the protection of the Australian community, and to weigh this against other factors such as the applicant's ties to Australia and the best interests of his child.

The Tribunal reasoned that the applicant had a substantial criminal record, including a sentence of imprisonment for 3 years and 6 months for offences committed against his former domestic partner while an apprehended domestic violence order was in place. The Tribunal found that such conduct, particularly acts of family violence, were viewed very seriously by the Australian Government and community. While acknowledging the applicant's stated desire to change, his fractured childhood, and his efforts to address alcohol abuse, the Tribunal concluded that the considerations of protecting the Australian community, the seriousness of family violence, and community expectations outweighed these mitigating factors. Consequently, the Tribunal found that the applicant did not meet the requirements of subparagraph 501CA(4)(b)(i) of the Act, and therefore, there was no other reason to revoke the original decision.