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

This matter concerned an application by CLKK, a citizen of New Zealand, to revoke the mandatory cancellation of his Class TY, Subclass 444 Special Category (Temporary) visa. The cancellation was based on CLKK failing to pass the character test due to his criminal history, which included domestic violence offences. The decision reviewed was made by the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether there was "another reason" to revoke the mandatory visa cancellation decision, considering the primary considerations outlined in Direction No. 79. Specifically, the Tribunal had to assess the protection of the Australian community from harm, the nature and seriousness of CLKK's conduct, and the risk of future offending.

The Tribunal reasoned that CLKK could not rely on a specific ground for revocation under subparagraph 501CA(4)(b)(i). In assessing whether there was "another reason" to revoke the cancellation, the Tribunal considered the primary consideration of protecting the Australian community. This involved evaluating the nature and seriousness of CLKK's conduct, including the fact that his most serious offence, assault occasioning actual bodily harm in company, occurred while he was in immigration detention. The Tribunal noted that crimes of a violent nature, especially against women or children, are viewed very seriously, and that offences committed in immigration detention are also considered serious. The Tribunal found that CLKK's criminal history, particularly the assault offence where he was described as the "ringleader and instigator," demonstrated a significant risk to the community.

The Tribunal affirmed the mandatory visa cancellation decision, finding that there was no "another reason" to revoke it.