Campbell and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by Mr Campbell against the decision of a delegate of the Minister for Immigration and Border Protection not to revoke the mandatory cancellation of his visa. The appeal was heard by Senior Member Egon Fice of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the mandatory cancellation of Mr Campbell's visa should be revoked, having regard to the considerations set out in the Ministerial Direction. Specifically, the Tribunal had to assess the primary considerations of protection of the Australian community from criminal or other serious conduct, and the expectations of the Australian community, as well as other considerations such as Mr Campbell's best interests as a minor child (though not applicable here) and his ties to Australia.

The Tribunal found that Mr Campbell's criminal conduct, which included armed robberies of taxi drivers, was very serious. It also assessed the risk of reoffending as significantly high, noting that Mr Campbell had continued to offend despite a clear warning that his visa might be cancelled and had breached parole conditions. Consequently, the Tribunal concluded that the Australian community would not expect Mr Campbell to be permitted to remain in Australia, and that the primary considerations weighed strongly against revocation. While acknowledging Mr Campbell's relationship with his fiancée, the Tribunal found that this, along with other ties to Australia, did not outweigh the significant weight given to the primary considerations due to the nature of his criminal conduct and the ongoing risk of reoffending. The Tribunal also found no significant impediments to Mr Campbell's return to New Zealand.

The Tribunal affirmed the delegate's decision not to revoke the mandatory cancellation of Mr Campbell's visa.