Bhangu and Minister for Immigration and Border Protection (Migration)

The Administrative Appeals Tribunal considered a request for the revocation of a mandatory visa cancellation made by the Minister for Immigration and Border Protection on behalf of the applicant, Mr. Bhangu. Mr. Bhangu accepted that he failed the character test due to a serious criminal record, specifically convictions for burglary, theft, and criminal damage, for which he received an aggregate sentence of 18 months imprisonment. The Minister had previously decided not to revoke the visa cancellation.

The Tribunal was required to determine whether there was "another reason" why the mandatory cancellation of Mr. Bhangu's visa should be revoked, as prescribed by section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth). This involved assessing the primary considerations outlined in Ministerial Direction No. 65, namely the protection of the Australian community from criminal or other serious conduct, the best interests of any minor children in Australia, and the expectations of the Australian community.

In its reasoning, the Tribunal acknowledged the seriousness of Mr. Bhangu's offending, noting the violation of trust and the impact on property rights and commerce. However, it also considered evidence suggesting Mr. Bhangu had become a religious and hardworking individual, deeply involved in the Sikh community, and had expressed contrition and remorse, indicating rehabilitation. Crucially, the Minister conceded that it was in the best interests of Mr. Bhangu's seven-year-old Australian permanent resident daughter for the visa cancellation to be revoked. Weighing these factors, the Tribunal concluded that the consideration of the protection of the Australian community weighed slightly in favour of revocation, and the best interests of the minor child strongly favoured revocation.

Consequently, the Tribunal set aside the Minister's decision not to revoke the visa cancellation and substituted a decision to revoke the mandatory cancellation of Mr. Bhangu's visa.