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

This matter concerned an application to revoke the mandatory cancellation of the applicant's visa. The applicant, a citizen of Fiji, had his visa cancelled due to failing to pass the character test, stemming from convictions for family violence, drug, property, and driving offences. The applicant sought to have this cancellation revoked, arguing there was another reason to do so.

The Tribunal was required to determine whether there was another reason to revoke the mandatory visa cancellation, considering the principles outlined in Direction No 99. This involved assessing the protection of the Australian community, the strength, nature, and duration of the applicant's ties to Australia, the extent of impediments to his removal, and the best interests of any minor children. The Tribunal also had to consider the seriousness of the applicant's conduct, including his history of family violence and drug use, and the risk of future offending.

The Tribunal found that the applicant's conduct, including multiple instances of family violence against his wife and a pattern of drug and property offences, weighed heavily against revoking the cancellation. Despite the applicant's ties to Australia, including his marriage and children, and his participation in rehabilitation programs, the Tribunal concluded that the risk of re-offending, particularly when combined with drug use, was significant. The Tribunal noted that the applicant had previously been warned about the consequences of further offending, especially concerning violence against women, yet continued to re-offend. The Tribunal was not satisfied that the applicant had demonstrated a sufficient change in behaviour to outweigh the protection of the Australian community.

The Tribunal affirmed the decision to cancel the applicant's visa, finding that there was no other reason to revoke the cancellation.