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

This matter concerned an appeal by Mr. Fejzic against the mandatory cancellation of his visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The visa cancellation was based on Mr. Fejzic failing to pass the character test due to a substantial criminal record, specifically drug-related offences involving the supply of methamphetamine and cannabis. The decision was heard by Mr. Rob Reitano, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether there was another reason why the cancellation of Mr. Fejzic's visa should be revoked, and how the considerations outlined in Ministerial Direction No. 90 should be applied. Specifically, the Tribunal was required to weigh the protection of the Australian community, the consequences and risk of reoffending, the existence of a network of support, the best interests of Mr. Fejzic's minor children, and the expectations of the Australian community against Mr. Fejzic's ties to Australia and any impediments he might face if returned to Bosnia and Herzegovina.

The Tribunal reasoned that while the protection of the Australian community and the seriousness of the drug offences were significant factors, other considerations weighed heavily in favour of revoking the cancellation. Mr. Fejzic had established strong family ties in Australia, including his Australian citizen partner and their four young children, as well as his Australian citizen nieces and nephews. He had also previously acted as a full-time carer for his partner's children. The Tribunal found that the risk of reoffending was not as high as it might otherwise have been, given his detention and the potential for rehabilitation. The Tribunal concluded that the best interests of his minor children and the significant impediments to his return to Bosnia and Herzegovina constituted "another reason" why the visa cancellation should be revoked.

Consequently, the Tribunal set aside the delegate's decision to cancel Mr. Fejzic's visa and substituted a decision to revoke that cancellation.