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

The Administrative Appeals Tribunal (AAT) considered the case of Fuamatu and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning the mandatory cancellation of a Subclass 444 Special Category visa. The applicant's visa had been cancelled under section 501CA(4) of the *Migration Act 1958* (Cth) because they failed to pass the character test, primarily due to a criminal record.

The Tribunal was required to determine whether to revoke the mandatory visa cancellation. This involved assessing the applicant's character against the criteria set out in Ministerial Direction No. 90, which outlines the non-revocation factors and primary considerations. Key issues included the protection of the Australian community, the seriousness of the offending and any future risk posed by the applicant, considerations of family violence, the best interests of minor children in Australia, and the expectations of the Australian community. The Tribunal also had to consider other relevant factors, such as the extent of impediments to removal, the impact on victims, and the applicant's links to the Australian community, including the strength, nature, and duration of those ties.

In its reasoning, the Tribunal weighed the seriousness of the applicant's criminal conduct against the mitigating factors. It acknowledged the importance of protecting the Australian community but found that the applicant's strong ties to Australia, including family relationships and employment, coupled with the limited risk of reoffending and the potential negative impact on minor children, weighed in favour of revocation. The Tribunal concluded that, in this specific instance, the circumstances warranted the revocation of the mandatory visa cancellation.