De Pinho Neto and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Mr Antonio De Pinho Neto to revoke the cancellation of his visa, which had been cancelled under section 501 of the *Migration Act 1958* (Cth). The decision-maker was required to consider whether to revoke the cancellation under section 501CA of the Act, taking into account Direction No. 90.

The primary legal issue before the Tribunal was whether the cancellation of Mr Neto's visa should be revoked. This required the Tribunal to consider the primary considerations outlined in Direction No. 90, specifically the protection of the Australian community from criminal or other serious conduct, and to weigh this against other considerations, including the applicant's background and links to the Australian community.

The Tribunal considered Mr Neto's criminal history, which included offences of intimidation, property damage, common assault, stalking, and contravening a prohibition or restriction in an apprehended violence order, all of which were domestic violence related. The Tribunal noted a trend of increasing seriousness in these offences, culminating in a term of imprisonment. Expert evidence was presented, with one report suggesting Mr Neto suffered from a severe form of stalking and mental illness, while another forensic psychologist assessed him as posing a low risk of violent recidivism and found no evidence of major personality disturbances. The Tribunal found that Mr Neto's conduct to date weighed against revoking the cancellation. While Mr Neto expressed remorse and provided context for his actions, including cultural explanations for his behaviour, the Tribunal concluded that his offending must be regarded as serious, particularly given its domestic violence nature and the pattern of behaviour. The Tribunal also considered the risk of future harm, noting that the community's tolerance for risk lessens as the seriousness of potential harm increases.

The Tribunal set aside the decision under review and substituted a new decision.