Chiagozie and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The applicant, Chiagozie, sought judicial review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision not to revoke the mandatory cancellation of his Class BS Subclass 801 Partner Visa. The dispute arose because the applicant did not pass the character test. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether there was another reason to revoke the visa cancellation, considering the Minister's Direction No 90. Specifically, the court had to assess the applicant's conduct in light of the seriousness of family violence, the best interests of any minor children affected by the decision, and Australia's non-refoulement obligations.

The court's reasoning focused on the detailed considerations outlined in Direction No 90 regarding family violence and the best interests of children. In assessing the seriousness of family violence, the court was directed to consider factors such as the frequency and increasing seriousness of conduct, the cumulative effect of repeated acts, and the extent of rehabilitation achieved, including acceptance of responsibility and understanding of the impact of behaviour. Regarding the best interests of minor children, the court was to consider the nature and duration of the relationship, the likelihood of the applicant playing a positive parental role, the impact of past and future conduct on the child, the effect of separation, the presence of other parental figures, the child's views, and any evidence of the child being exposed to family violence or suffering trauma. The court affirmed the decision under review.