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

This matter concerned an application by CLXZ (the applicant) for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to refuse to revoke the mandatory cancellation of the applicant's Class XB Subclass 202 Global Special Humanitarian visa. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant passed the character test and, if not, whether there was another reason why the cancellation decision should be revoked.

The Tribunal was required to assess whether the applicant passed the character test as defined by section 501(6) of the Migration Act 1958 (Cth), which includes having a substantial criminal record. If the applicant did not pass the character test, the Tribunal then had to consider, in accordance with Ministerial Direction No 79, whether there was another reason to revoke the visa cancellation. This involved weighing various considerations, including the protection of the Australian community from criminal or other serious conduct.

The Tribunal found that the applicant did not pass the character test, as he had a substantial criminal record due to being sentenced to a term of imprisonment of 12 months or more. In considering whether there was another reason to revoke the cancellation, the Tribunal had regard to the primary consideration of protecting the Australian community. The applicant had committed several violent offences in Australia within a short period in 2018, including assault occasioning actual bodily harm, assault with act of indecency, contravening a prohibition order in relation to domestic violence, and custody of a knife in a public place. The Tribunal concluded that these offences were serious and, in light of the risk to the community, there was no other reason to revoke the cancellation decision.

Consequently, the Tribunal affirmed the Minister's delegate's decision to refuse to revoke the cancellation of the applicant's visa.