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

This matter concerned an application for review of a mandatory visa cancellation decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The applicant, Dan Granxxa, sought to have the cancellation of his visa revoked. The Tribunal was required to consider various factors, including the best interests of the applicant's minor children and the expectations of the Australian community, in determining whether to exercise its discretion to revoke the mandatory cancellation.

The primary legal issues before the Tribunal were whether the best interests of the applicant's minor children weighed in favour of revoking the visa cancellation, and whether the expectations of the Australian community supported such a revocation. In assessing the best interests of the children, the Tribunal considered the applicant's parental role, or lack thereof, in relation to his children and step-children, and any emotional hardship they may have experienced due to his conduct. Regarding the expectations of the Australian community, the Tribunal was to consider the principle that non-citizens are expected to obey Australian laws and the seriousness of any breaches.

The Tribunal reasoned that while the applicant had a substantial criminal record, including serious offences such as intentionally choking his wife and arson, and had spent periods in imprisonment and immigration detention, there was evidence that he had endeavoured to play a positive, albeit peripheral, role in the lives of his step-children as an uncle and brother-in-law. The Tribunal found that the best interests of these minor children weighed strongly in favour of revoking the mandatory cancellation. The Tribunal also considered the protection of the Australian community, noting the seriousness of the applicant's conduct and the risk of further offending. However, the Tribunal ultimately concluded that there was another reason to exercise the discretion to revoke the mandatory cancellation of the applicant's visa.

The Tribunal set aside the decision under review and substituted it with a decision that the Tribunal exercises the discretion conferred by section 501CA(4) of the Migration Act 1958 (Cth) to revoke the mandatory cancellation of the applicant's visa.