CRFF and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal considered the case of CRFF and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the mandatory cancellation of the Applicant's Class TY Subclass 444 Special Category (temporary) visa under section 501(3A) of the *Migration Act 1958* (Cth) due to the Applicant failing the character test, specifically having a substantial criminal record.

The Tribunal was required to determine whether the mandatory cancellation of the Applicant's visa should be revoked. This involved assessing the primary considerations outlined in Ministerial Direction No. 90, including the protection of the Australian community from criminal or other serious conduct, the seriousness of the Applicant's offending and future risk, the best interests of minor children, and other considerations such as the extent of impediments to removal and the strength, nature, and duration of the Applicant's ties to Australia.

The Tribunal's reasoning focused on the evidence regarding the Applicant's risk of reoffending. Sentencing remarks from 2017 indicated a medium to low risk of reoffending and reasonable prospects of rehabilitation. Subsequent reports from the NSW Department of Communities and Justice, including a pre-release report in 2021, reiterated the medium-low risk assessment and recommended parole conditions including alcohol and drug counselling. A consultant psychologist also noted the Applicant's psychological distress and self-medication with alcohol, diagnosing a depressive disorder and recommending ongoing psychological attention. The Tribunal gave appropriate weight to independent and authoritative sources, noting that primary considerations generally carry greater weight than other considerations.

The Tribunal set aside the decision made by the delegate of the Minister not to revoke the mandatory cancellation of the Applicant's visa. In substitution, the Tribunal revoked the cancellation of the Applicant's visa under subsection 501CA(4) of the *Migration Act 1958* (Cth).