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

This matter concerned an application by Mr Farrugia, a citizen of Malta, for review of the Minister for Immigration, Citizenship and Multicultural Affairs' decision to cancel his Class BF Transitional (Permanent) visa. The cancellation was based on Mr Farrugia having a substantial criminal record, which meant he failed to pass the character test. The central dispute was whether there was "another reason" to revoke the mandatory visa cancellation.

The Administrative Appeals Tribunal was required to determine whether the Minister's delegate had properly considered all relevant matters under Ministerial Direction No. 99, specifically whether the delegate had given sufficient weight to the "other reasons" advanced by Mr Farrugia for the cancellation to be revoked. The Tribunal also had to consider whether the delegate's decision was affected by jurisdictional error.

Professor Ann O'Connell, Senior Member, found that the delegate had failed to adequately consider the specific circumstances and the impact of the visa cancellation on Mr Farrugia, including his strong ties to Australia and the potential consequences for his family. The Tribunal applied the principles outlined in Ministerial Direction No. 99, which requires a balancing of the need to protect the Australian community against the personal circumstances of the non-citizen. The Senior Member concluded that the delegate's assessment of the "other reasons" was flawed, constituting jurisdictional error.

The Tribunal set aside the delegate's decision to refuse to revoke the mandatory visa cancellation and substituted a new decision revoking the cancellation.