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

The Administrative Appeals Tribunal considered the case of DJKJ and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the mandatory cancellation of the applicant's visa due to failing the character test, and whether there was another reason to revoke this cancellation. The applicant sought review of the delegate's decision not to revoke the mandatory cancellation.

The Tribunal was required to determine whether, under subsection 501CA(4) of the Migration Act 1958 (Cth), there was another reason to revoke the mandatory cancellation of the applicant's visa. This involved considering Ministerial Direction No. 99, which outlines primary considerations including the nature and seriousness of the offending, the strength, nature, and duration of ties to Australia, the best interests of minor children, community expectations, and the extent of impediments if removed. The applicant did not dispute failing the character test due to a substantial criminal record.

The Tribunal reasoned that while drug offending generally favours non-revocation, the applicant's "short-lived foray into the drug underworld" was not so serious as to preclude revocation. Significant weight was given to the applicant's strong ties to Australia, including his long-term residence since 2008, his marriage and two sons from that relationship, and his current partner and their young daughter, all of whom are Australian citizens or residents. The Tribunal also considered his close relationships with his children and stepchildren, and the support provided by his partner and family. The Tribunal found that the nature of the offending, when balanced against these strong ties and other considerations, did not present an insurmountable impediment to revocation.

The Tribunal set aside the delegate's decision and substituted a new decision to revoke the mandatory cancellation of the applicant's visa.