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

The case of *Dowsett and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration)* concerned an application for review of a decision not to revoke the mandatory cancellation of the applicant's Special Category (Subclass 444) visa. The applicant did not pass the character test due to criminal offending. The Administrative Appeals Tribunal (AAT) was required to determine whether there was "another reason" to revoke the mandatory cancellation decision, considering Ministerial Direction No. 90.

The AAT was tasked with evaluating the weight to be given to various considerations under Ministerial Direction No. 90, particularly Primary Consideration 1: the protection of the Australian community. This involved assessing the nature and seriousness of the applicant's conduct, including the specific violent offences, property damage, and breaches of bail, as well as the risk to the community should the applicant commit further offences. The AAT also had to consider the applicant's criminal history, the frequency and seriousness of offending, and any cumulative effect of repeated conduct.

In its reasoning, the AAT noted that Ministerial Direction No. 90 requires an evaluation of the appropriate weight for both primary and "other" considerations, and that "other" considerations are not always secondary. The AAT detailed the applicant's extensive criminal history, including a prior violent crime for which a suspended sentence was imposed, subsequent breaches of that sentence, and further offending involving assault and property damage. Despite acknowledging the applicant's efforts towards rehabilitation, including anger management and therapy, and the potential impact on his family and employment, the AAT found that the seriousness of the offending and the history of violence weighed heavily. However, the AAT ultimately exercised its discretion to revoke the cancellation of the applicant's visa, setting aside the original decision.