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

The Administrative Appeals Tribunal (the Tribunal) considered the application of Mr Eid against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his Class BF Transitional (Permanent) visa under section 501(3A) of the *Migration Act 1958* (Cth). The cancellation was based on Mr Eid failing to pass the character test due to having a substantial criminal record.

The Tribunal was required to determine whether the Minister's decision to cancel Mr Eid's visa was the correct or preferable decision. This involved assessing the application of Ministerial Direction No. 90, which outlines the primary and other considerations to be taken into account when exercising the power under section 501(3A). The Tribunal had to weigh the protection of the Australian community, the seriousness of Mr Eid's offending and any future risk, the impact on family violence, the best interests of minor children in Australia, and the expectations of the Australian community against other considerations, including international non-refoulement obligations, impediments to removal, and the strength, nature, and duration of Mr Eid's ties to Australia.

The Tribunal found that the non-refoulement consideration, in light of Mr Eid's circumstances, strongly outweighed his past criminal conduct and the risk of future offending. Consequently, the Tribunal set aside the Minister's decision and substituted a new decision to refuse to cancel Mr Eid's visa.