GCLV and Minister for Home Affairs (Migration)

The applicant, GCLV, sought to have the mandatory cancellation of his visa revoked. The Minister for Home Affairs opposed the revocation. The matter was heard by Dr L Bygrave, a Member of the Tribunal.

The Tribunal was required to determine whether there was another reason why the mandatory cancellation of the applicant's visa should be revoked, having regard to Ministerial Direction No. 65. This involved considering the protection of the Australian community from criminal and other serious conduct, including the nature and seriousness of the applicant's conduct and the risk to the community should further offences be committed. Other considerations included the best interests of minor children, expectations of the Australian community, international non-refoulement obligations, the strength, nature and duration of ties to Australia, and the extent of impediments if removed from Australia.

The Tribunal's reasoning focused on the primary consideration of protecting the Australian community. It noted the applicant's extensive criminal record, spanning over 30 years and resulting in approximately eight years of imprisonment across 18 separate occasions. While the applicant's offending included some violence-related incidents, it was predominantly characterised by repeated dishonesty offences, such as larceny and shoplifting, often linked to funding his drug use. The Tribunal found that the applicant's most recent offence, shoplifting perfume valued at over $2,000, was planned criminal conduct for financial gain, with poor prospects of rehabilitation and a high risk of re-offending. The sentencing Magistrate had observed that previous court dispositions, including imprisonment, had not had a deterrent effect, and that the applicant appeared to be a recidivist offender.

The Tribunal affirmed the decision to cancel the applicant's visa. It concluded that, on balance, when weighing the primary considerations against other considerations, it was not appropriate to revoke the mandatory cancellation.