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

This matter concerned an application for review of a delegate's decision not to revoke the mandatory cancellation of the applicant's visa. The applicant, who arrived in Australia as an infant, had a substantial criminal record, including convictions for aggravated burglary and dishonesty offences, which culminated in a sentence of five and a half years imprisonment. The delegate's decision was affirmed by the Tribunal.

The primary legal issues before the Tribunal were whether there was another reason to revoke the mandatory visa cancellation, and in considering this, how to weigh the various primary and other considerations as outlined in Direction No 90. These considerations included the protection of the Australian community from criminal conduct, the nature and seriousness of the applicant's offending, the risk to the community, the best interests of minor children, community expectations, international non-refoulement obligations, impediments to removal, impact on victims, and the strength of ties to Australia.

The Tribunal reasoned that the protection of the Australian community and community expectations weighed heavily against the applicant. The Tribunal also noted that the applicant had engaged in family violence, which was a significant adverse consideration. Given these factors, particularly the three out of four primary considerations being against the applicant, the Tribunal found that these adverse considerations presented an insurmountable hurdle for the applicant to overcome. The Tribunal concluded that the clear evidence regarding the protection and expectations of the Australian community, along with the evidence of family violence, should be given determinative weight, and there was no other reason to set aside the mandatory cancellation of the applicant's visa.