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

This matter concerned an application to revoke the mandatory cancellation of the Applicant's Class BS Subclass 801 Partner (Permanent) visa. The Applicant did not pass the character test, leading to the cancellation of his visa. The dispute before the Tribunal was whether there was another reason to revoke this mandatory cancellation decision, specifically considering Ministerial Direction No. 99, which addresses serious domestic violence offences, a serious health condition, and the best interests of minor children. The decision was made by Senior Member Rebecca Bellamy.

The legal issues before the Tribunal were to determine the weight to be given to various considerations under Ministerial Direction No. 99, particularly the primary consideration of protecting the Australian community from harm. This involved assessing the nature and seriousness of the Applicant's past conduct, including serious domestic violence offences and drug possession, and the risk to the community should further offences occur. The Tribunal also had to consider other relevant factors, such as the Applicant's serious health condition and the best interests of his minor children, in deciding whether to revoke the mandatory cancellation.

The Tribunal reasoned that while the Applicant's past conduct, including serious domestic violence offences committed in breach of a DVO and minor drug possession offences, was significant, the application of Ministerial Direction No. 99 favoured the revocation of the visa cancellation. The Tribunal noted that strangulation offences are considered precursors to domestic homicide and that the Applicant's persistent offending, including breaches of bail and court orders, added to the seriousness of his conduct. However, the Tribunal also considered the Applicant's serious health condition and the best interests of his minor children. Ultimately, the Tribunal found that these factors, when weighed against the seriousness of his past conduct, supported the revocation of the mandatory cancellation. The decision under review was set aside, and the mandatory cancellation of the Applicant's visa was revoked.