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

This matter concerned an appeal by BQBR, a citizen of New Zealand, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to refuse to revoke the mandatory cancellation of his temporary visa. The cancellation was based on BQBR's failure to pass the character test due to his offending history. The Administrative Appeals Tribunal was tasked with determining whether there was another reason to revoke the cancellation decision, considering the criteria set out in Direction No. 79.

The Tribunal was required to assess various considerations under Direction No. 79, including any non-refoulement obligations, the strength and duration of BQBR's ties to Australia, the impact on Australian business interests, the impact on victims, and the extent of impediments BQBR might face if removed from Australia. Crucially, the Tribunal had to weigh these factors against the seriousness of BQBR's criminal offending.

The Tribunal found that BQBR had provided untruthful and conflicting explanations regarding drugs found in his prison cell and his completion of a drug rehabilitation course, indicating a continued association with drugs. Furthermore, BQBR had been untruthful about previous incoming passenger cards, demonstrating a lack of candour and an opportunistic attitude towards lying. The Tribunal also considered that BQBR had attempted to mislead it by instructing another person not to disclose certain aspects of his behaviour. These findings significantly diminished the credibility of BQBR's assertions of reform. While the Tribunal acknowledged that BQBR would face significant hardship if returned to New Zealand, including leaving family members in Australia, it concluded that the overall seriousness of his past offending, particularly domestic violence offences involving his children, and the perceived risk of future offending, outweighed all other considerations in his favour.

Consequently, the Tribunal affirmed the decision under review, meaning the mandatory cancellation of BQBR's visa was not revoked.