Campbell and Minister for Immigration and Border Protection (Migration)

This matter concerned an appeal by the applicant, Mr. Campbell, against a mandatory visa cancellation decision made by the Minister for Immigration and Border Protection. The dispute centred on whether there was "another reason" why the original decision to cancel Mr. Campbell's visa should be revoked, as contemplated by the Migration Act 1958 (Cth). The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant's criminal conduct, specifically drug supply offences and traffic offences, warranted the mandatory cancellation of his visa. This involved assessing the primary considerations outlined in Direction 65, which include the protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia, and the expectations of the Australian community. The Tribunal also had to consider the applicant's rehabilitation and his ties to the Australian community.

In reaching its decision, the Tribunal found that while the applicant's drug supply offences were serious, his traffic offences were not particularly serious and did not demonstrate a deliberate disregard for the law. The Tribunal noted that the applicant had significant ties to the Australian community. Weighing these factors, the Tribunal concluded that the primary considerations did not weigh heavily against exercising the discretion to revoke the cancellation decision, and in fact, some considerations weighed in favour of revocation.

Consequently, the Tribunal set aside the original decision to cancel Mr. Campbell's visa and substituted a decision that the cancellation be revoked.