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

This matter concerned an appeal by Mr Batson against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his Class VE Subclass 176 Skilled Sponsorship visa. The cancellation was based on Mr Batson having a substantial criminal record. A delegate of the Minister had decided not to revoke this mandatory cancellation, and the appeal was heard by D. J. Morris SM.

The primary legal issues before the Tribunal were whether the delegate had correctly applied Ministerial Direction No. 90, particularly in relation to the primary considerations of protecting the Australian community, the nature and seriousness of Mr Batson's offending, and whether his offending as a minor should be treated differently. The Tribunal was required to consider the applicability of the Full Court decision in *Thornton* to Mr Batson's juvenile offending in Western Australia, the extent of impediments to his removal from Australia, the best interests of his minor children, the expectations of the Australian community, and the impact on victims.

The Tribunal reasoned that while Mr Batson had committed acts of family violence, there was no evidence of sexual crimes or crimes against women or children. Crucially, the Tribunal distinguished the *Thornton* decision, finding it was confined to the specific wording of Queensland legislation and did not apply to Mr Batson's juvenile offending under Western Australian law, which allowed for convictions to be recorded in certain circumstances. The Tribunal considered other factors, including Mr Batson's methamphetamine addiction, his subsequent period of being drug-free, his employment, and his stable personal relationship, as protective factors. The Tribunal concluded that the decision under review should be set aside and a new decision substituted.