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

This matter concerned an application by Mr Curoglu for the non-revocation of a mandatory visa cancellation. The applicant, a citizen of Turkey, arrived in Australia as an 18-month-old infant and had resided in Australia for the majority of his life. He had a long history of drug addiction and associated criminal behaviour dating back to 1992. The Minister's delegate had decided not to revoke the cancellation of the applicant's visa, a decision that was affirmed by the Tribunal. The applicant sought judicial review of the Tribunal's decision.

The Federal Court was required to determine whether there was "another reason" to revoke the mandatory cancellation of the applicant's visa under section 501CA(4)(b) of the Migration Act 1958 (Cth). This involved considering the weight to be given to the protection of the Australian community against other countervailing considerations, particularly in light of the applicant's extensive criminal history and ongoing struggles with addiction. The court also had regard to Direction No 110, which outlines principles for considering visa refusal and cancellation decisions.

The court reasoned that while the protection of the Australian community is a primary consideration, and the applicant's criminal conduct, including serious offences such as armed robbery and assault, was significant and spanned many years, the applicant's strong ties to Australia were also a crucial factor. Having lived in Australia for almost his entire life since infancy, and having established family connections, these factors weighed heavily in favour of revocation. The court noted that paragraph 5.2(6) of Direction No 110 specifically contemplates that a higher level of tolerance for criminal conduct may be afforded to non-citizens who have lived in the Australian community for most of their life or from a very young age.

The court found that the applicant's long-standing ties to Australia constituted "another reason" why the original decision to cancel his visa should be revoked. Consequently, the decision of the Tribunal was set aside.