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

This matter concerned an appeal by Mr Bobbe, a Bangladeshi citizen, against the mandatory cancellation of his visa. Mr Bobbe had arrived in Australia in 2007 and last departed in July 2022. His visa was mandatorily cancelled in September 2020 due to his failure to pass the character test, stemming from a substantial criminal record. This included convictions for using a carriage service to menace/harass/offend, drink driving, driving while suspended, driving while disqualified, assault with an act of indecency, taking a person with intent to commit a serious indictable offence, and engaging in a police pursuit. He was serving a total aggregate sentence of six years imprisonment with a non-parole period of three years and six months. The Administrative Appeals Tribunal (AAT) considered whether there was another reason why the mandatory visa cancellation should be revoked.

The Tribunal was required to determine whether, despite Mr Bobbe not passing the character test, there was another reason why the mandatory cancellation of his visa should be revoked. This involved a holistic and integrated consideration of all relevant matters, including the primary considerations and other considerations outlined in Ministerial Direction No. 99, and any additional considerations favouring revocation. The Tribunal was tasked with standing in the shoes of the original decision-maker and assessing the situation as at the time of its consideration, giving genuine and real consideration to any substantial or significant claims made for revocation.

In its reasoning, the Tribunal adopted a comprehensive, holistic, and integrated approach to the evidence. It considered Mr Bobbe's background, including his personal history, health issues, previous offending, and rehabilitation prospects. The Tribunal noted that Mr Bobbe had a substantial criminal record, which meant he did not pass the character test, and therefore, the only avenue for revocation was if there was "another reason" to do so. After synthesising all the evidence, including the primary considerations, other considerations under Ministerial Direction No. 99, and additional favourable considerations, the Tribunal found that these factors, when weighed together, favoured affirming the decision not to revoke the visa cancellation.

Consequently, the Tribunal affirmed the decision made by the delegate of the Respondent dated 21 February 2023, which was to not revoke the cancellation of Mr Bobbe's visa.