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

The Administrative Appeals Tribunal considered the case of Mr Faanoi and the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory visa cancellation decision made under section 501(3A) of the Migration Act 1958 (Cth) because the Applicant did not pass the character test. The Applicant sought to have this mandatory cancellation revoked, arguing there was "another reason" to do so.

The primary legal issue before the Tribunal was whether there was another reason to revoke the mandatory cancellation of the Applicant's visa, considering Ministerial Direction No. 99. This involved assessing various factors, including the Applicant's ties to Australia, his criminal conduct, and the risk to the Australian community. The Tribunal was required to weigh the factors favouring revocation against those against it, in accordance with the principles outlined in the Direction.

The Tribunal reasoned that while the Applicant had been in Australia since he was two years old, he had not yet undertaken rehabilitation. His oral evidence regarding his future steps to avoid reoffending was found to be unconvincing and lacking in specific detail. The Tribunal noted that the Applicant's criminal conduct and the risk to the Australian community were significant considerations. Ultimately, the Tribunal found that the factors against revocation outweighed those in favour, leading to the conclusion that there was no "another reason" to revoke the mandatory cancellation.

Consequently, the Tribunal affirmed the decision made by the delegate of the Minister on 10 June 2021, which was to not revoke the mandatory cancellation of the Applicant's Class TY Subclass 444 Special Category (Temporary) visa.