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

This matter concerned an application by BBXD for review of a decision to cancel his visa. The dispute arose from BBXD's conviction for committing an indecent act with a child under 16, his granddaughter, on three occasions over a two-week period. The Tribunal was required to consider the nature and seriousness of BBXD's offending, his criminal history in New Zealand, and other relevant considerations, including the best interests of his Australian-based grandchildren.

The legal issues before the Tribunal were whether BBXD passed the character test, and if not, whether there were any other considerations that would justify the cancellation of his visa being revoked. Specifically, the Tribunal had to assess the seriousness of the offending, BBXD's remorse, rehabilitative steps taken, and the risk of recidivism. The Tribunal also had to weigh the best interests of BBXD's grandchildren against the community's expectation that visa holders will abide by Australian laws.

The Tribunal found that BBXD did not pass the character test due to his conviction for sexual offending against a child. While acknowledging BBXD's remorse, rehabilitative efforts, and relocation for a fresh start, the Tribunal concluded that the totality of his criminal history, unresolved alcohol issues, lack of candour regarding overseas offending, incomplete insight, and the absence of recent expert evidence on his behavioural changes meant his risk of reoffending was unacceptable. The Tribunal noted that BBXD is a registered sex offender with restrictions on unsupervised contact with children. Despite accepting the general principle that it is in children's best interests to have contact with relatives, the Tribunal found insufficient evidence to differentiate the interests of BBXD's grandchildren or the extent to which he would be allowed to play a continuing role in their lives. The Tribunal considered BBXD's strong work ethic, support for family, and established networks in Australia, but ultimately determined that he had breached the trust of the Australian community and that it was appropriate to uphold the cancellation of his visa.