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

The applicant, Dilworth, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory cancellation of his visa. The applicant did not pass the character test, and the core of the dispute concerned whether there was "another reason" to revoke this mandatory cancellation, as contemplated by the relevant migration legislation. The matter was heard by R Maguire M.

The legal issues before the court were whether the Tribunal had erred in its consideration of the applicant's circumstances in determining whether to revoke the mandatory cancellation of his visa. Specifically, the court was required to assess whether the Tribunal had properly applied Ministerial Direction No 90, which guides decision-makers on when to revoke such cancellations, particularly in light of the applicant's history of drug offences and allegations of family violence.

The Tribunal's reasoning focused on the principles outlined in Ministerial Direction No 90, particularly Primary Consideration 1 concerning the protection of the Australian community. The Tribunal considered the nature and seriousness of the applicant's conduct, noting that acts of family violence are viewed very seriously, regardless of conviction or sentence. It also had regard to the applicant's criminal history, including drug offences, and the risk of re-offending. While acknowledging submissions regarding the applicant's ties to Australia and the best interests of minor children, the Tribunal found that these factors did not outweigh the seriousness of the applicant's conduct and the need to protect the community.

Ultimately, the Tribunal concluded that it could not exercise the discretion to revoke the cancellation of the applicant's visa. Accordingly, the decision under review was affirmed.