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

The applicant, CGQJ, sought review of a delegate's decision not to revoke the mandatory cancellation of his Refugee visa. The applicant does not pass the character test due to a substantial criminal record, having been sentenced to 18 years imprisonment with a minimum term of 14 years for murder. The decision was made by Senior Member R Cameron of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether there was "another reason" why the original decision to cancel the visa should be revoked, as provided by s 501CA(4)(b) of the Migration Act 1958 (Cth). In making this determination, the Tribunal was bound to consider Ministerial Direction No. 90, which outlines primary and other considerations relevant to such a decision.

The Tribunal's reasoning heavily favoured non-revocation. It found that the nature and seriousness of the applicant's conduct (murder) and the risk to the Australian community of further serious conduct weighed very heavily against revocation. The expectations of the Australian community also weighed heavily against revocation. While international non-refoulement obligations, legal consequences of the decision (potential indefinite detention), and impediments to removal were given significant weight in favour of revocation, these were outweighed by the primary considerations. The Tribunal afforded limited weight to the best interests of minor children and the strength of ties to Australia. Ultimately, the Tribunal concluded that the primary considerations, which are generally given greater weight, weighed too heavily against revocation. The Tribunal affirmed the delegate's decision not to revoke the visa cancellation.