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

This matter concerned an application by Mr Demir for review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his visa. The dispute arose because Mr Demir failed to pass the character test due to a substantial criminal record, including a sentence of imprisonment of 12 months or more. Mr Demir argued that there was another reason why the visa cancellation should be revoked, and this was considered by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there was another reason why the mandatory visa cancellation should be revoked, notwithstanding that Mr Demir did not pass the character test. This required the Tribunal to consider the factors outlined in Ministerial Direction No. 90, including the protection of the Australian community, the nature and seriousness of the offending conduct, the risk of reoffending, the best interests of minor children in Australia, and the strength, nature, and duration of ties to Australia.

The Tribunal reasoned that Mr Demir had a substantial criminal record, meaning he did not pass the character test and the requirements for revocation were not met. While Mr Demir conceded his past offending was serious, he contended that his links to the Australian community, impediments to removal, and community expectations weighed in favour of revocation. However, the Tribunal found that the primary considerations, particularly the protection of the Australian community, outweighed these other factors. The Tribunal considered the applicant's explanations for his offending, including an assault on his wife and a breach of an apprehended violence order, but found these explanations did not negate the seriousness of the conduct or the risk posed to the community.

The Tribunal affirmed the original decision to cancel Mr Demir's visa.