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

The Administrative Appeals Tribunal (the Tribunal) considered the case of DWWV and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory visa cancellation for the applicant, who held a Class 444 Special Category (Temporary) visa. The cancellation was based on the applicant failing to pass the character test due to substantial criminal offending, specifically drug-related offences. The applicant sought a review of the delegate's decision not to revoke the visa cancellation.

The legal issues before the Tribunal included whether there was another reason to revoke the mandatory visa cancellation, considering the applicant's representations. This required the Tribunal to assess the applicant's criminal offending, the protection of the Australian community, the expectations of the Australian community, and the applicant's links to the Australian community, among other relevant considerations as outlined in Direction 90.

The Tribunal applied principles regarding Australia's sovereign right to determine who remains in the country, the expectation that non-citizens engaging in serious conduct will be denied or forfeit their privilege to remain, and Australia's low tolerance for criminal conduct by non-citizens. It was required to weigh the primary considerations, including the protection of the Australian community and the expectations of the Australian community, against other considerations such as the applicant's links to the Australian community. The Tribunal found that the nature of the applicant's conduct was serious, and even with countervailing considerations, it was insufficient to justify revoking the mandatory cancellation.

The Tribunal affirmed the decision under review, meaning it did not exercise its discretion to revoke the mandatory cancellation of the applicant's visa.