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

This matter concerned an application by the Applicant, Ms Dezfuli, for review of a mandatory visa cancellation decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Applicant did not pass the character test due to a conviction for dealing with proceeds of crime exceeding $1 million. The central issue before the court was whether there was another reason why the visa cancellation decision should be revoked.

The court was required to determine whether the Applicant had established another reason to revoke the mandatory visa cancellation, considering the principles outlined in Ministerial Direction No. 90. This involved assessing the nature and seriousness of the Applicant's offending conduct, the risk to the Australian community, the best interests of any minor children, and the strength, nature, and duration of the Applicant's ties to Australia, as well as any impediments to her removal.

In its reasoning, the court acknowledged the seriousness of the Applicant's offence, which involved her acting as a "front person" in a scheme that defrauded the Commonwealth of over $9 million. Despite the significant financial loss and the Applicant's awareness of the risks involved, the court also noted that she played a minor role and was low in the criminal hierarchy. The court considered the Applicant's personal circumstances, including her long-term residence in Australia, her separation from her husband, and her three children, two of whom were adults and one a minor. Ultimately, the court found that these factors, when weighed against the seriousness of the offending conduct, constituted another reason to revoke the visa cancellation. The court set aside the decision under review and substituted it with a decision to revoke the mandatory visa cancellation.