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

This matter concerned an application for review of a delegate of the Minister's decision not to revoke the mandatory cancellation of the Applicant's visa. The Applicant, a citizen of Liberia, arrived in Australia at age 19 and subsequently failed the character test due to a substantial criminal record, including violent offences and assaults on police officers. The delegate's decision was affirmed by the Tribunal.

The Tribunal was required to determine two issues: first, whether the Applicant passed the character test as defined by section 501(6) of the Migration Act; and second, if he did not pass the character test, whether there was another reason to revoke the visa cancellation decision under section 501CA(4) of the Migration Act. The Applicant represented himself, while the Respondent was represented by legal counsel.

In its reasoning, the Tribunal considered the Applicant's ties to Australia, including his 12 years of residence, his assistance to his mother, and his past fundraising activities for UNHCR. However, these positive factors were weighed against the Applicant's extensive criminal history and the fact that he began offending shortly after his arrival. The Tribunal also noted the Applicant's lack of credibility, his minimisation of offending, and his tendency to blame victims. The Tribunal found that the Applicant did not pass the character test and that there was no other reason to revoke the cancellation decision. The application for review was therefore affirmed.