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

This matter concerned an application for review of a decision to cancel the Applicant's visa. The Applicant, an Iraqi national who arrived in Australia by boat using a false passport, had his visa cancelled due to failing the character test. The dispute before the Administrative Appeals Tribunal (AAT) was whether there was "another reason" why the visa cancellation should be revoked, as contemplated by the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the Applicant's continued presence in Australia would be contrary to the safety and welfare of the Australian community, and if so, whether any other considerations warranted the revocation of the visa cancellation. In making this determination, the Tribunal was guided by Ministerial Direction No. 90, which outlines primary considerations including the protection of the Australian community, the nature and seriousness of offending conduct, and the expectations of the Australian community. The Tribunal also had to consider other relevant factors, such as international non-refoulement obligations, impediments to removal, the impact on victims, and the Applicant's ties to the Australian community.

The Tribunal considered the Applicant's criminal history, which included convictions for goods in custody, shoplifting, drug possession, driving while disqualified, and intimidation involving a kitchen knife. While noting that the Applicant had lost family in Iraq due to violence and had struggled with drug addiction, the Tribunal found that his continued presence would be opposed to the safety and welfare of the nation. The Tribunal concluded that there was no other reason to revoke the visa cancellation.

Consequently, the Tribunal affirmed the original decision to cancel the Applicant's visa.