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

This matter concerned an appeal by the Applicant, Mr El Masri, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to affirm the mandatory cancellation of his Class BC Subclass 100 Partner visa. The cancellation was based on Mr El Masri failing to pass the character test due to his criminal conduct. The central dispute revolved around whether there was "another reason" to revoke this mandatory cancellation.

The court was required to determine whether the Applicant's criminal conduct was sufficiently serious to warrant the visa cancellation, and whether any countervailing considerations were sufficient to justify revoking the mandatory cancellation. This involved assessing the Applicant's risk of recidivism, the nature and seriousness of his offending, and the weight to be given to various primary and other considerations as outlined in Ministerial Direction No. 90. Specifically, the court had to consider the impact of domestic violence, the best interests of minor children, and the expectations of the Australian community.

The court reasoned that the Applicant's offending had become progressively more serious over time, and despite his awareness of the increasing risk of incarceration, he continued to engage in criminal activities. Expert evidence regarding rehabilitation was considered, but the court found it lacked weight due to the Applicant's denial of his domestically violent conduct and limited insight into his offending. The court concluded that the Applicant's unlawful conduct was "very serious" and that any repetition of his violent offending, particularly against women, could have catastrophic consequences. The court found that the Applicant had not demonstrated genuine remorse or insight, making it unsafe to conclude he posed an acceptable recidivist risk.

The court affirmed the decision to refuse to revoke the mandatory cancellation of the Applicant's visa.