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

The applicant, Angell, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory cancellation of his visa. The dispute centred on whether there was "another reason" to revoke the original cancellation decision, which was based on Angell failing to pass the character test due to his extensive criminal record. The matter was heard by A Poljak SM.

The court was required to determine whether the decision-maker had properly considered all relevant factors under Direction No. 79 when deciding whether to revoke the mandatory visa cancellation. Specifically, the court had to assess the weight to be given to the primary considerations of protecting the Australian community from criminal or other serious conduct, and the expectations of the Australian community, against other relevant considerations, including the best interests of any minor children and the extent of impediments to removal.

The decision-maker applied paragraph 13.1 of Direction No. 79, which mandates consideration of the Government's commitment to protecting the Australian community from harm by non-citizens. This involved assessing the nature and seriousness of Angell's conduct and the risk of future offending. Angell possessed a significant criminal history, including numerous convictions in both New Zealand and Australia, with serious offences such as sexual intercourse without consent, assault, and robbery, resulting in substantial periods of imprisonment. The court found that the protection of the Australian community and the expectations of the Australian community weighed heavily against revoking the cancellation. While acknowledging that impediments to removal to New Zealand favoured revocation, the court concluded these were insufficient to outweigh the primary considerations.

Consequently, the decision under review, which affirmed the mandatory cancellation of Angell's visa, was affirmed.