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

This matter concerned an appeal by Mr Bristowe against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs regarding the mandatory cancellation of his visa. The dispute arose because Mr Bristowe failed to pass the character test, leading to the cancellation of his Class TY Subclass 444 Special Category visa. Mr Bristowe sought to have this cancellation revoked, arguing that there was another reason why it should be revoked, as contemplated by Ministerial Direction No. 90. The decision was made by Mr Rob Reitano, Member.

The primary legal issue before the Member was whether there was "another reason" to revoke the decision to cancel Mr Bristowe's visa, considering the factors outlined in Ministerial Direction No. 90. These factors include the nature and seriousness of the offending conduct, the risk of reoffending, the protection of the Australian community, the expectations of the Australian community, the strength, nature, and duration of ties to Australia, and impediments to removal. Mr Bristowe also advanced two specific "other considerations": the adverse effect of his removal on his recently commenced relationship and the potential negative impact on Australia's international reputation and standing due to the deteriorating relationship with New Zealand concerning the deportation of New Zealand citizens.

The Member considered the nominated "other considerations" advanced by Mr Bristowe. While acknowledging that the list of considerations in the Direction is not exhaustive, the Member found that the impact on Mr Bristowe's relationship was adequately addressed within the consideration of his ties to Australia. Regarding the argument about Australia's international reputation, the Member noted the material presented, including statements from New Zealand government officials expressing strong disagreement with Australia's deportation policy and its corrosive effect on bilateral relations. However, the Member ultimately concluded that the "primary considerations" outweighed these "other considerations."

Consequently, the Member was not satisfied that there was another reason to revoke the decision to cancel Mr Bristowe's visa. Accordingly, the delegate's decision refusing to revoke the cancellation of Mr Bristowe's visa was affirmed.