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

This matter concerned an appeal by Mr Bean against the mandatory cancellation of his visa, which had been cancelled on the grounds that he did not satisfy the character test. The Minister for Immigration, Citizenship and Multicultural Affairs was the respondent. The Administrative Appeals Tribunal (AAT) was required to determine whether there was another reason for the cancellation decision to be revoked.

The Tribunal was tasked with considering whether the circumstances surrounding Mr Bean's conviction for manslaughter, specifically the application of Direction No. 99, warranted the revocation of the visa cancellation. This involved weighing various factors, including the nature of the offence, Mr Bean's prior character, the special circumstances of the crime, the community's expectations, the risk of reoffending, and the best interests of minor children.

In its reasoning, the Tribunal acknowledged the extreme violence involved in the manslaughter conviction but gave significant weight to the sentencing remarks from the Supreme Court. These remarks indicated that the offence arose in highly unusual circumstances, involving excessive force in self-defence rather than a deliberate infliction of unjustifiable harm. The Tribunal also considered positive assessments of Mr Bean's prior character, his low risk of reoffending, and his strong ties to Australia, including the best interests of minor children.

The Tribunal set aside the decision under review and substituted a decision that the cancellation of Mr Bean's visa be revoked.