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

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the mandatory cancellation of the applicant's Class TY Subclass 444 Special Category visa. The applicant did not pass the character test due to serious criminal offending, including methamphetamine trafficking and supply, and a concerning traffic history involving driving under the influence and dishonesty to police. The applicant sought to argue that there was another reason to revoke the mandatory cancellation decision, with particular regard to Ministerial Direction No. 79.

The primary legal issue before the Tribunal was whether there was another reason to revoke the mandatory cancellation of the applicant's visa, considering the provisions of Ministerial Direction No. 79. This involved assessing the weight to be given to the protection of the Australian community from harm, the nature and seriousness of the applicant's conduct, and the risk to the community should further offences be committed. The Tribunal was required to consider the applicant's concessions regarding the seriousness of her methamphetamine-related offending and her acknowledgement of the devastating impact of such drugs on the community.

The Tribunal's reasoning focused on Primary Consideration A of Ministerial Direction No. 79, which mandates consideration of the protection of the Australian community. The applicant conceded that her methamphetamine trafficking and supply offences were extremely serious, acknowledging the destructive impact of methamphetamine on individuals and the broader community. The Tribunal noted the applicant's six-year sentence of imprisonment imposed by the Queensland Supreme Court for her offending between October 2014 and February 2017, particularly her trafficking of methamphetamine over a six-month period in 2015. Despite the applicant's attempts to explain or minimise some aspects of her past conduct, the Tribunal found that her criminal offending and other conduct to date were to be viewed as very serious.

Ultimately, the Tribunal determined that, after taking into account the weight attributed to the various considerations under Ministerial Direction No. 79, the discretion to revoke the cancellation of the applicant's visa had not been exercised in her favour. Accordingly, the decision under review was affirmed.