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

This matter concerned an application for review by the Applicant, a citizen of the Netherlands, of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his visa. The Applicant did not dispute that he had a substantial criminal record and therefore did not pass the character test. The sole issue before the Tribunal was whether there was another reason why the visa cancellation should be revoked.

The Tribunal was required to determine whether there was another reason to revoke the mandatory visa cancellation, having regard to Ministerial Direction No. 90. This involved considering the primary considerations, including the protection of the Australian community from harm, and other relevant considerations such as the best interests of minor children and the strength, nature, and duration of the Applicant's ties to Australia. The Tribunal also had to assess the nature and seriousness of the Applicant's offending conduct and the risk of re-offending.

In its reasoning, the Tribunal applied Ministerial Direction No. 90, focusing on the protection of the Australian community. It found that while the Applicant had committed multiple sexual offences against a child, which are viewed very seriously, and offences involving family violence, the latter occurred in 1995 and had not been repeated. The Tribunal noted that the Applicant's criminal record did not demonstrate frequent or cumulative serious offending, with traffic offences being of a minor nature. The Tribunal also considered the Applicant's long-standing ties to Australia since migrating at age five, his diagnosed ADHD and ADD, and his reliance on medication, which had been inconsistently managed in detention.

Ultimately, the Tribunal set aside the delegate's decision and revoked the visa cancellation.