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

This matter concerned an applicant who held a Class TY Subclass 444 Special Category (Temporary) visa and had a substantial criminal record, leading to the mandatory cancellation of their visa. The applicant sought revocation of this cancellation. The decision was made by C.J. Furnell SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was another reason why the visa cancellation decision should be revoked, given that the applicant did not pass the character test. This required the Tribunal to consider the considerations outlined in Direction No. 79, including primary considerations such as the protection of the Australian community, the best interests of minor children in Australia, and the expectations of the Australian community, as well as other considerations like the strength of ties to Australia and impediments to removal.

The Tribunal reasoned that while the applicant’s conduct was serious and they did not pass the character test, there were other countervailing factors that warranted revocation of the visa cancellation. The Tribunal applied the principles set out in Direction No. 79, weighing the primary considerations against other relevant factors. Ultimately, the Tribunal was satisfied that there was another reason to revoke the cancellation decision, despite not being satisfied that the applicant passed the character test.

The Tribunal ordered that the mandatory cancellation of the applicant's visa be set aside and revoked.