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

This matter concerned an application by Mr. Bulivesi (the Applicant) to revoke the mandatory cancellation of his visa, which had been cancelled because he did not pass the character test. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) was the respondent. The decision was made by Senior Member Linda Kirk of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the mandatory visa cancellation decision, as contemplated by section 501CA(4)(b)(i) of the *Migration Act 1958* (Cth). In determining this, the Tribunal was required to consider the factors outlined in Ministerial Direction 79, particularly those relating to the protection of the Australian community. This involved assessing the nature and seriousness of the Applicant's conduct, the risk of future offending, and other relevant considerations such as the frequency and cumulative effect of his offending.

The Tribunal found that the Applicant's criminal conduct, including domestic violence offences against his wife and an indecent act against a child, was very serious. The Applicant had been subject to multiple apprehended violence orders, which he had breached. The Tribunal considered that crimes of a violent nature against women and children are viewed very seriously, regardless of the sentence imposed. Given the gravity and repeated nature of these offences, the Tribunal concluded that the Applicant could not rely on section 501CA(4)(b)(i) for the revocation of the mandatory cancellation decision. The Tribunal affirmed the decision to cancel the Applicant's visa.