Chandra and Minister for Home Affairs (Migration)

This matter concerned an application by the Applicant for review of the Minister for Home Affairs' decision not to revoke the mandatory cancellation of his Class UK Subclass 820 Partner visa. The Applicant did not pass the character test due to being sentenced to 12 months imprisonment for offences committed in August 2018, including common assault, assault occasioning actual bodily harm (domestic violence), and driving with illicit drugs in his bloodstream. The Administrative Appeals Tribunal was required to determine whether there was "another reason" to revoke the cancellation of the Applicant's visa, having regard to Ministerial Direction 79.

The Tribunal considered Primary Consideration A: Protection of the Australian community from criminal or other serious conduct, as mandated by paragraph 13.1(2) of Ministerial Direction 79. This involved assessing the nature and seriousness of the Applicant's conduct and the risk of future offending. The Applicant's criminal history, which occurred within a single month, included an unprovoked assault on his then-pregnant wife, mother-in-law, and brother-in-law, as well as drug possession and driving offences. The sentencing remarks highlighted the extreme violence of the assault, which was exacerbated by alcohol consumption.

The Applicant contended that he had taken full responsibility for his actions, had ceased drinking alcohol, and had attended programs in prison, including the Journey program and psychological appointments. However, the Tribunal found that there was no independent expert evidence to corroborate his claims of rehabilitation or to demonstrate a reduction in his risk of reoffending. While the Applicant expressed a strong desire to change and a belief that the incident was a one-off due to intoxication, the Tribunal concluded that his issues with alcohol and substance abuse remained a "work in progress" and that the evidence from the prison chaplain did not establish that these causative factors had been resolved or were being successfully managed. Consequently, the Tribunal affirmed the decision under review.