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

The Administrative Appeals Tribunal (the Tribunal) considered the mandatory cancellation of a Partner (Permanent) (Class BS) (Subclass 801) visa held by Mr Cockin. The cancellation was initiated under section 501(1) of the *Migration Act 1958* (Cth) on the basis that Mr Cockin failed the character test due to having a substantial criminal record, specifically for domestic violence offences. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent.

The Tribunal was required to determine whether to revoke the mandatory visa cancellation. This involved assessing Mr Cockin's character against the criteria set out in Ministerial Direction No. 90, which outlines the non-revocation factors and the weight to be given to various considerations. Key issues included the seriousness of Mr Cockin's offending, the risk he posed to the Australian community, the best interests of his minor children, and the expectations of the Australian community.

In its reasoning, the Tribunal applied the principles established in Ministerial Direction No. 90. It gave significant weight to the primary considerations of protecting the Australian community from harm and the seriousness of Mr Cockin's offending, particularly the act of choking to unconsciousness and the context of family violence. The Tribunal also considered the best interests of the minor children, the expectations of the Australian community, and other factors such as the extent of impediments to removal, the impact on victims, and Mr Cockin's links to the Australian community. After weighing all relevant considerations, the Tribunal found that the grounds for mandatory cancellation were not outweighed by factors favouring revocation.

The Tribunal affirmed the decision to cancel Mr Cockin's visa.