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

The Administrative Appeals Tribunal considered the case of Mr Filipovich 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 Special Category visa, which had been triggered by the Applicant failing to pass the character test. The Applicant sought to have this cancellation revoked.

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. 79. This involved assessing the weight to be given to Primary Consideration A, which concerns the protection of the Australian community from harm. The Applicant accepted that his past conduct, including convictions for grievous bodily harm and contraventions of domestic violence orders, was serious and therefore weighed against revocation.

In its reasoning, the Tribunal acknowledged the principle that remaining in Australia is a privilege for non-citizens, who are expected to be law-abiding. The Tribunal noted that the Applicant had made concessions regarding the seriousness of his past conduct. However, the Tribunal also considered the Applicant's evidence of rehabilitation, including participation in programs aimed at addressing alcohol abuse and offending behaviour, and his stated commitment to improving his conduct. Despite these efforts, the Tribunal ultimately found that it could not exercise the discretion to revoke the cancellation of the Applicant's visa.

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