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

This matter concerned an application by the Applicant, Mr Doves, for the non-revocation of a mandatory cancellation of his Class BB Subclass 155 (five year Resident Return) visa. The Applicant did not pass the character test, leading to the mandatory cancellation of his visa. The central question before the Tribunal was whether there was another reason to revoke this mandatory cancellation decision, with particular regard to Ministerial Direction No. 79.

The legal issues before the Tribunal were to determine whether the Applicant's circumstances constituted "another reason" to revoke the mandatory cancellation of his visa, as contemplated by the *Migration Act 1958* (Cth). This required the Tribunal to consider the primary considerations outlined in Ministerial Direction No. 79, specifically the protection of the Australian community and the best interests of minor children, in light of the Applicant's criminal history and personal circumstances.

The Tribunal's reasoning focused on the weight to be given to the primary considerations under Ministerial Direction No. 79. Regarding the protection of the Australian community, the Tribunal noted the Applicant's extensive criminal history, encompassing approximately 16 court appearances and 24 convictions between 2006 and 2019 for offences including property, person, public nuisance, and traffic matters. The Tribunal considered this history to be a significant factor in assessing the risk to the community. While acknowledging the Applicant's submissions regarding his role as the primary caregiver for his two teenage children and the stress their family unit was experiencing, the Tribunal found that these factors did not outweigh the imperative to protect the Australian community. The Tribunal also noted that the children themselves had expressed a reluctance to give evidence due to the emotional distress involved.

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