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

The Administrative Appeals Tribunal considered the case of Mr Vaosa Faanoi and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the non-revocation of a mandatory cancellation of the Applicant's Subclass 444 Special Category (Temporary) visa, which had been cancelled because the Applicant did not pass the character test. The Applicant sought to have this cancellation revoked, arguing there was another reason to do so.

The Tribunal was required to determine whether there was another reason to revoke the mandatory cancellation of the Applicant's visa, having regard to Ministerial Direction No 90. This involved assessing the nature and seriousness of the Applicant's past conduct and the risk to the Australian community should he commit further offences. The Tribunal also had to consider the Applicant's criminal history, which included offences such as stealing, burglary, fraud, and armed robbery, as well as previous convictions for similar offences committed at a young age.

In its reasoning, the Tribunal applied the principles outlined in Ministerial Direction No 90, particularly concerning the protection of the Australian community. It noted the Applicant's history of violent offences, including armed robbery involving a knife and a previous street robbery where a victim was kicked in the head. The Tribunal acknowledged the Applicant's difficult background and young age, as well as the support he had received, but ultimately found that these factors did not outweigh the seriousness of his offending and the risk he posed. The Tribunal concluded that it could not exercise the discretion to revoke the visa cancellation.

The Tribunal affirmed the decision under review, meaning the mandatory cancellation of the Applicant's visa was not revoked.