Barber and Minister for Home Affairs (Migration)

The applicant, Barber, sought to have the cancellation of his absorbed person visa revoked, but the Minister for Home Affairs (Migration) refused to do so. The matter came before the Tribunal, which was required to consider whether there was another reason why the original decision to cancel the visa should be revoked.

The Tribunal was tasked with determining whether the applicant met the character test under section 501 of the Migration Act 1958 (Cth) and, if not, whether there was another reason to revoke the cancellation of his visa. In making this determination, the Tribunal was bound to apply Ministerial Direction No. 65, which outlines the considerations for such decisions, including the protection of the Australian community, the best interests of minor children, expectations of the Australian community, and the applicant's ties to Australia.

The Tribunal's reasoning focused heavily on the primary consideration of protecting the Australian community from criminal or other serious conduct. It noted that the applicant had an extensive criminal history, appearing before courts on approximately 40 occasions and being convicted of over 110 offences between 1987 and 2018. These convictions included serious violent offences and drug offences, with courts having previously described his record as "appalling" and "shocking." The Tribunal found that the nature and seriousness of the applicant's conduct, coupled with the likelihood of re-offending, presented an unacceptable risk to the Australian community. While other considerations were noted, the Tribunal gave greater weight to the primary considerations as mandated by Ministerial Direction No. 65.

Ultimately, the Tribunal affirmed the decision not to revoke the cancellation of the applicant's absorbed person visa, finding that he did not meet the character test and that there was no other reason to set aside the original decision.